United States v. Mendoza-Vera

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 17, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-51078
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO MENDOZA-VERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:04-CR-333-1
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Antonio Mendoza-
Vera 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, and by United States v. Mares,
402 F.3d 511, 520 (5th Cir. 2005), petition for cert. filed (Mar.
31, 2005) (No. 04-9517), and its progeny, which held that
unpreserved claims based on United States v. Booker, 125 S. Ct.

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No. 04-51078
-2-
738 (2005), are reviewed for plain error. The Government’s
motion for summary affirmance is GRANTED, and the judgment of the
district court is AFFIRMED.

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