IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40816
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ SANTOS-JIMENEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-161-1
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February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
José Santos-Jimenez appeals the sentence he received after
he pleaded guilty to illegally reentering the United States after
deportation in violation of 8 U.S.C. § 1326. His argument that
his prior felony conviction is an element of the offense, rather
than a sentencing factor, is foreclosed by Almendarez-Torres v.
United States, 523 U.S. 224, 235 (1998). He concedes as much,
but he raises the issue to preserve it for possible review by the
Supreme Court. Accordingly, we AFFIRM the judgment of the
district court.
*
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that this opinion should not be published and is not precedent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.