United States v. Maldonado

135 F. App'x 737

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 22, 2005
• Docket: No. 04-20869
• Status: Published

Opinion

PER CURIAM:

*

Carlos Ernesto Maldonado pleaded guilty to illegal reentry after deportation following conviction of an aggravated felony and was sentenced to 69 months of imprisonment, three years of supervised release, and a $100 special assessment.

Maldonado argues for the first time on appeal that the sentencing provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional on their face in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Maldonado acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), but he seeks to preserve the issue for Supreme Court review. As Maldonado concedes, this issue is foreclosed. See Apprendi, 530 U.S. at 489-90, 120 S.Ct. 2348; United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.2000).

AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.