Court of Appeals for the Fifth Circuit December 17, 2004, No. 04-50586; Consolidated with No. 04-50588 (United States v. Orduna-Carrillo)

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Luis Orduna-Carrillo raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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.