IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50459
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LORENZO MALDONADO-FERNANDEZ,
also known as Ramon Ortiz-Ramirez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CR-1835-ALL-DB
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October 19, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Lorenzo Maldonado-Fernandez appeals his sentence following
his guilty plea conviction for illegal re-entry after deportation
in violation of 8 U.S.C. § 1326. Maldonado-Fernandez argues that
his prior felony conviction was an element of the offense of his
conviction. Maldonado-Fernandez 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that this opinion should not be published and is not precedent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. 00-50459
-2-
Maldonado-Fernandez’s argument is foreclosed by Almendarez-
Torres, 523 U.S. at 235.
AFFIRMED.
United States v. Maldonado-Fernandez
Combined Opinion