United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 9, 2005

Charles R. Fulbruge III No. 05-50243 Clerk Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS RICARDO REYES-MARTINEZ,

Defendant-Appellant,

Consolidated With No. 05-50244

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS RICARDO REYES-MARTINEZ, also known as Jesus Ricardo Reyes,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1591-ALL --------------------

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jesus Ricardo

Reyes-Martinez raises arguments that are foreclosed by

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-50243 -2-

Almendarez-Torres v. United States,

(1998),

which held that a prior conviction is a sentencing factor under

(b)(2) and not a separate criminal offense. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.