United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005

Charles R. Fulbruge III Clerk No. 05-10361 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN FELIPE GONZALEZ-AGUILAR, also known as Juan Felipe Gonzalez Aguilar, also known as Juan Gonzalez Cortez, also known as Francisco Cortez Gonzalez, also known as Diego Rafael Gonzalez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CR-149-ALL --------------------

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Juan Felipe

Gonzalez-Aguilar 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10361 -2-

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

judgment of the district court is AFFIRMED.