United States v. Garcia-Govea

* 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this opinion should not be published and is not precedent except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
February 24, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40761
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ISRAEL GARCIA-GOVEA, also known
as Juan Gabriel Garcia-Melendez,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-941-ALL
--------------------
Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Jose Israel Garcia-Govea appeals from his sentence for his
jury-trial conviction of illegally reentering the United States
after having been deported and after having committed an
aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b).
For the first time, Garcia-Govea argues that the district
court violated his Fourth Amendment rights by ordering, as a
written condition of his supervised release, that he cooperate in
the collection of DNA by his probation officer, pursuant to 42

-- 1 of 2 --

No. 05-40761
-2-
U.S.C. § 14135A(d). As Garcia-Govea concedes, his claim
regarding collection of DNA on supervised release is not ripe for
review. See United States v. Riascos-Cuenu, 428 F.3d 1100, 1101-
02 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No.
05-8662). He raises the issue only to preserve it for further
review.
The appeal is DISMISSED for lack of jurisdiction.

-- 2 of 2 --