IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10798
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS ANTONIO ARBALLO-MARQUEZ, also known
as Jesus Arballo-Marquez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-99-1-D
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February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jesus Antonio Arballo-Marquez appeals his sentence following
his guilty plea conviction for illegal re-entry after deportation
in violation of 8 U.S.C. § 1326. Arballo-Marquez argues that his
sentence should not have exceeded the two-year maximum sentence
under 8 U.S.C. § 1326(a). Arballo-Marquez 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
*
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that this opinion should not be published and is not precedent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. 00-10798
-2-
Court review in light of Apprendi v. New Jersey, 530 U.S. 466
(2000).
Arballo-Marquez’s argument is foreclosed by Almendarez-
Torres, 523 U.S. at 235.
AFFIRMED.