United States v. Armenta-Valentin

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 20, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40159
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEDRO ARMENTA-VALENTIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-771-ALL
--------------------
Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Pedro Armenta-Valentin (Armenta) pleaded guilty to illegal
reentry following deportation, pursuant to a plea agreement that
contained a waiver-of-appeal provision. We need not decide the
applicability of the waiver provision in this case because the
issue that Armenta raises is foreclosed.
Armenta argues 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 not ripe for review on direct

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No. 05-40159
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appeal. 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). The appeal is DISMISSED.

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