IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20300
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDENIXON BALMORE SANDOVAL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-664-1
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Edenixon Balmore Sandoval appeals his conviction and
sentence for illegal reentry by a previously deported alien, in
violation of 8 U.S.C. § 1326. He contends that the felony
conviction that resulted in his increased sentence under 8 U.S.C.
§ 1326(b)(2) is an element of the offense that must have been
charged in the indictment. Sandoval acknowledges that this
argument is foreclosed by the Supreme Court’s decision in
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he
*
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that this opinion should not be published and is not precedent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. 00-20300
-2-
seeks to preserve the issue for Supreme Court review in light of
the decision in Apprendi v. New Jersey, 530 U.S. 466 (2000).
Apprendi did not overrule Almendarez-Torres. See Apprendi, 120
S. Ct. at 2362; United States v. Dabeit, 231 F.3d 979, 984 (5th
Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001). Accordingly,
Sandoval’s only argument on appeal is foreclosed. His conviction
and sentence are AFFIRMED.