IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40914
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS ENRIQUE BALBI-BOBADILLA, also known as Segundo
Sagastegui-Boadilla
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-165-1
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February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Carlos Enrique Balbi-Bobadilla pleaded guilty to being
illegally present in the United States after having been
previously deported. His sentence was enhanced because his prior
deportation occurred following an aggravated felony conviction.
See 8 U.S.C. § 1326(b). He argues that the indictment in his
case was deficient because it failed to allege that his prior
deportation followed a conviction for an aggravated felony under
§ 1326(b).
*
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that this opinion should not be published and is not precedent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. 00-40914
-2-
Balbi-Bobadilla acknowledges that his argument is foreclosed
by the Supreme Court’s decision in United States v. Almendarez-
Torres, 523 U.S. 224 (1998). He seeks to preserve the issue for
Supreme Court review in light of the decision in Apprendi v. New
Jersey, 120 S. Ct. 2348, 2362 (2000). The Court in Apprendi did
not overrule its holding in Almendarez-Torres. See Apprendi, 120
S. Ct. at 2362-63; United States v. Dabeit, 231 F.3d 979, 984
(5th Cir. 2000), petition for cert. filed, (U.S. Jan. 26,
2001)(No. 00-8299).
AFFIRMED.