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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. 05-40414 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ASCENSION GUERECA-TRISTAN, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-2021-ALL -------------------- Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Ascension Guereca-Tristan (Guereca) pleaded guilty to attempted illegal reentry after deportation and was sentenced to 72 months of imprisonment and three years of supervised release. He contends for the first time on appeal 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 States v. Riascos-Cuenu,
428 F.3d 1100, 1101- * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40414 -2- 02 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662). Guereca 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.
Document Info
Docket Number: 05-40414
Citation Numbers: 169 F. App'x 237
Judges: Dennis, Garza, Per Curiam, Prado
Filed Date: 2/23/2006
Precedential Status: Non-Precedential
Modified Date: 8/2/2023