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 Clerk No. 05-50710 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RUBEN TORRES-ROBLES, also known as Luis Alberto Vidal, also known as Pedro C. Parra, also known as Juan Vasquez Ibarra, also known as Juan Ibarra, also known as Ruben Torres,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:04-CR-466-ALL --------------------

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Ruben Torres-

Robles raises arguments that are foreclosed by 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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.