United States v. Rodriguez-Campos , 169 F. App'x 232 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 23, 2006
Charles R. Fulbruge III
Clerk
No. 05-40194
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO RODRIGUEZ-CAMPOS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-2009-ALL
--------------------
Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Ricardo Rodriguez-Campos (Rodriguez) pleaded guilty to
illegal reentry after deportation and was sentenced to 46 months
of imprisonment and three years of supervised release. He
contends that the district court erred by ordering him to
cooperate in the collection of a DNA sample as a condition of
supervised release. This claim is dismissed for lack of
jurisdiction because it is not ripe for review. See United
*
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this opinion should not be published and is not precedent except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.
No. 05-40194
-2-
States v. Riascos-Cuenu, 428 F.3d 1100, 1101-02 (5th Cir. 2005),
petition for cert. filed (Jan. 9, 2006) (No. 05-8662).
Rodriguez contends that 8 U.S.C. § 1326(b) is
unconstitutional and that this court should vacate his sentence
and remand his case for resentencing to no more than two years in
prison under 8 U.S.C. § 1326(a). As he concedes, this contention
is foreclosed by Almendarez-Torres v. United States, 523 U.S.
224, 235 (1998).
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.