United States v. Torres-Avila

115 F. App'x 289

Opinion

PER CURIAM: *

Armando Torres-Avila (Torres) appeals his guilty-plea conviction and sentence for illegal reentry after deportation. He ar gues 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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and that his sentence is improper under Blakely v. Washington, — U.S.-, 124 S.Ct. 2531,159 L.Ed.2d 403 (2004). These arguments are, as he concedes, foreclosed. See Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir.2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263); United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.2000). Torres’s conviction and sentence are AFFIRMED.

Footnotes

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.