United States v. Rodriguez-Muniz

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 18, 2004
• Docket: 04-40004
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS August 18, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 04-40004 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MAURICIO RODRIGUEZ-MUNIZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-03-CR-1130-ALL --------------------

Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:*

Mauricio Rodriguez-Muniz pleaded guilty to one charge of

illegal reentry into the United States. The district court

sentenced him to 46 months in prison and a three-year term of

supervised release. Rodriguez-Muniz argues in this appeal that

the “felony” and “aggravated felony” provisions of 8 U.S.C.

§ 1326(b)(1) and (2) are unconstitutional in light of Apprendi v.

New Jersey, 530 U.S. 466 (2000). This argument is, as Rodriguez-

Muniz concedes, foreclosed. See Almendarez-Torres v. United

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-40004 -2-

States, 523 U.S. 224 (1998); United States v. Dabeit, 231 F.3d

979, 984 (5th Cir. 2000). The judgment of the district court is

AFFIRMED.