United States v. Ibarra-Vega

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50161 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ENRIQUE IBARRA-VEGA, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-99-CR-593-1 -------------------- October 19, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Enrique Ibarra-Vega appeals his sentence following his guilty plea conviction for illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a) and (b). Ibarra-Vega argues that his prior felony conviction was an element of the offense of his conviction. Ibarra-Vega acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court review in light of Apprendi v. New Jersey, 120 S. Ct. 2348 (2000). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-50161 -2- Ibarra-Vega’s argument is foreclosed by Almendarez-Torres, 523 U.S. at 235. AFFIRMED.