United States Court of Appeals

Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS

December 14, 2005

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 05-50351

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISIDRO CASTRO,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:04-CR-789-ALL

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

PER CURIAM:* Appealing the Judgment in a Criminal Case, Isidro Castro raises arguments that are foreclosed by Almendarez-Torres v. United States,523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.