* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 04-50682 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HILARIO VILLA TELLEZ, also known as Arturo Villanueva-Garcia, also known as Hilario Villa-Telles, also known as Hilario Villa-Tellas, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:03-CR-2016-ALL-KC Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM: * Appealing the Judgment in a Criminal Case, Hilario Villa Tellez 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 GovernmentÂ’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.