IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31022
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN PEREZ-SANTIAGO, also known as Sergio
Bravo-Lopez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CR-84-ALL
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Juan Perez-Santiago appeals his guilty-plea conviction for
illegal reentry following deportation, a violation of 8 U.S.C.
§ 1326. Perez argues that, in view of the Supreme Court’s recent
decision in Apprendi v. New Jersey, 120 S. Ct. 2348, 2362-63
(2000), his sentence should be vacated because it exceeds the
two-year statutory maximum sentence for a violation of 8 U.S.C.
§ 1326(a). Perez also argues that the district court imposed an
illegally lengthy period of supervised release. Perez
acknowledges that his argument is foreclosed by Almendarez-Torres
*
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this opinion should not be published and is not precedent except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. 00-31022
-2-
v. United States, 523 U.S. 224, 235 (1998), and states that he is
raising the issue to preserve it for future potential relief.
The Supreme Court did not expressly overrule Almendarez-Torres in
Apprendi. 120 S. Ct. at 2362 & n.15. Perez’ argument is
foreclosed by Almendarez-Torres.
AFFIRMED.