United States v. Figueroa-Rojas

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 19, 2006

Charles R. Fulbruge III Clerk No. 05-41193 Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

MIGUEL FIGUEROA-ROJAS

Defendant - Appellant

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-105-ALL --------------------

Before KING, WIENER and DeMOSS, Circuit Judges.

PER CURIAM:*

Miguel Figueroa-Rojas’s constitutional challenge is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224,

235 (1998). Although Figueroa-Rojas contends that Almendarez-

Torres was incorrectly decided and that a majority of the Supreme

Court would overrule Almendarez-Torres in light of Apprendi v.

New Jersey, 530 U.S. 466 (2000), we have repeatedly rejected such

arguments on the basis that Almendarez-Torres remains binding.

See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.),

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-41193 -2-

cert. denied, 126 S. Ct. 298 (2005). Figueroa-Rojas properly

concedes that his argument is foreclosed in light of Almendarez-

Torres and circuit precedent, but he raises it here to preserve

it for further review.

The conviction and sentence of Figueroa-Rojas are AFFIRMED.