IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50621
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTHA GUTIERREZ-GUTIERREZ, also known
as Yadira Martinez, also known as Dora
Hernandez-Abeytia,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CR-1662-1-F
- - - - - - - - - -
February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Martha Gutierrez-Gutierrez appeals her sentence following
her guilty plea conviction for illegal re-entry after deportation
in violation of 8 U.S.C. § 1326. Gutierrez argues that her
sentence should not have exceeded the two-year maximum sentence
under 8 U.S.C. § 1326(a). Gutierrez acknowledges that her
argument is foreclosed by Almendarez-Torres v. United States, 523
U.S. 224 (1998), but she 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that this opinion should not be published and is not precedent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. 00-50621
- 2 -
Court review in light of Apprendi v. New Jersey, 530 U.S. 466
(2000).
Gutierrez’s argument is foreclosed by Almendarez-Torres, 523
U.S. at 235.
The Government has moved for a summary affirmance in lieu of
filing an appellee’s brief. In its motion, the Government asks
that the judgment of the district court be affirmed and that an
appellee’s brief not be required. The motion is granted.
AFFIRMED; MOTION GRANTED.