Court of Appeals for the Fifth Circuit April 12, 2006, Nos. 05-50572, 05-50573 (United States v. Fernandez-Mendoza)

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Ever Jesus Fernandez-Mendoza raises arguments that are foreclosed by Almendarez-Torres 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.