IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50199
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE SANTOS LOZANO-GUTIERREZ, ALSO KNOWN AS Santos Lozano,
also known as Santos Lozano Gutierrez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CR-453-1-HG
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Jose Santos Lozano-Gutierrez pleaded guilty to illegal
reentry into the United States after having been previously
deported. His sentence was enhanced because his prior
deportation occurred following a felony conviction. See 8 U.S.C.
§ 1326(b). For the first time on appeal, Lozano-Gutierrez argues
that, under Apprendi v. New Jersey, 120 S. Ct. 2348, 2362 (2000),
the indictment in his case was deficient because it failed to
*
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that this opinion should not be published and is not precedent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. 00-50199
-2-
allege that his prior deportation followed a conviction for an
aggravated felony under § 1326(b).
Lozano-Gutierrez’s argument is without merit given the
Supreme Court’s decision in United States v. Almendarez-Torres,
523 U.S. 224 (1998). The Court in Apprendi did not overrule its
holding in Almendarez-Torres. See Apprendi, 120 S. Ct. at 2362-
63. Lozano-Gutierrez’s guilty-plea conviction is therefore
AFFIRMED.