UNITED STATES of America, Plaintiff-Appellee, v. Rogelio PEREZ-TRUJILLO, also known as Roberto Gutierrez, also known as Rogelio Cerda-Trevino, also known as Eduardo Hernandez Lozano, Defendant-Appellant, 158 F. App'x 572

PER CURIAM: Appealing the Judgment in a Criminal Case, Rogelio Perez-Trujillo raises arguments that are foreclosed by United States v. Mares, 402 F.3d 511, 520 (5th Cir.), cert. denied, — U.S. —, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005), and its progeny, which held that unpreserved claims based on United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), are reviewed for plain error and 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. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.