UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

No. 05-2047
v.	District of New Mexico
ADALBERTO MENDOZA-
MARTINEZ,

Defendant-Appellant.	(D.C. No. CR-04-1635 JH)

ORDER AND JUDGMENT*

Before HARTZ, BARRETT, and McCONNELL, Circuit Judges.

Defendant-appellant Adalberto Mendoza-Martinez pled guilty to reentry of a deported alien previously convicted of an aggravated felony. In calculating the sentence, pursuant to the United States Sentencing Guidelines as interpreted and revised by United States v. Booker, 125 S. Ct. 738 (2005), the district court applied a 16-level sentencing enhancement for a prior conviction for burglary of a habitation, which is deemed to be a crime of violence. The sole issue on appeal is whether the district court may use a prior conviction as the basis for a sentencing enhancement. As the Defendant recognizes in his brief, this issue is controlled by the Supreme Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Moore, 401 F.3d 1220, 1222-24 (10th Cir. 2005) (continuing to apply Almendarez-Torres even after Booker). Mr. Mendoza-
Martinez raises this issue "in order to preserve it for Supreme Court review." Appellant's Br. 5.

The judgment of the United States District Court for the District of New Mexico is AFFIRMED.

Entered for the Court,

Michael W. McConnell

Circuit Judge