United States v. Paredes-Escobedo

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10927 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN JOSÉ PAREDES-ESCOBEDO, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CR-33-Y -------------------- April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Juan José Paredes-Escobedo appeals his conviction and sentence for one count of illegal reentry of a previously deported alien pursuant to 8 U.S.C. §§ 1326(a), (b)(2). Paredes argues that his plea was rendered involuntary by the district court’s failure to admonish him that the “aggravated felony” provision of 8 U.S.C. § 1326(b)(2) stated an element of the charge against him that had to be proved to a jury. Pursuant to Almendarez-Torres v. United States, 523 U.S. 224, 243 (1998), this element did not have to be proved to a jury. Accordingly, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-10927 -2- this argument lacks merit. Paredes acknowledges that Almendarez- Torres controls, but he raises this issue to preserve it for review by the Supreme Court. Because Paredes has not shown error on the part of the district court, the judgment of that court is AFFIRMED.