United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 7, 2007
Charles R. Fulbruge III
Clerk
No. 06-40855
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ESTHELA AGUILAR-LARA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-989
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Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Esthela Aguilar-
Lara raises arguments that are foreclosed by Almendarez-Torres v.
United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C.
§ 1326(b)(2) is a penalty provision and not a separate criminal
offense; and by United States v. Carmichael, 343 F.3d 756, 761-62
(5th Cir. 2003), which held that a challenge to the district
court's order requiring the defendant to cooperate in the
collection of a DNA sample as a condition of supervised release
*
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this opinion should not be published and is not precedent except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. 06-40855
-2-
is not ripe for review on direct appeal. The Government’s motion
for summary affirmance is GRANTED.
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.