United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-40746
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO MARTINEZ-HIGAREDA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-2255-1
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Ricardo Martinez-Higareda pleaded guilty pursuant to an oral
plea agreement to possession with intent to distribute more than
50 kilograms of marijuana. The district court sentenced
Martinez-Higareda to 37 months in prison and three years of
supervised release.
For the first time on appeal, Martinez-Higareda 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 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this opinion should not be published and is not precedent except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. 05-40746
-2-
As Martinez-Higareda concedes, his claim 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.