IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41032
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMANDO VALLEJO CANIZALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-460-1
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Armando Vallejo-Canizales (Vallejo) appeals his 77-month
sentence imposed following his plea of guilty to a charge of
illegal reentry into the United States after deportation, a
violation of 8 U.S.C. § 1326. He contends that the aggravated
felony conviction that resulted in his increased sentence under 8
U.S.C. § 1326(b)(2) was an element of the offense that should
have been charged in the indictment. Vallejo acknowledges that
his 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that this opinion should not be published and is not precedent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. 00-41032
-2-
seeks to preserve the issue for Supreme Court review in the light
of the decision in Apprendi v. New Jersey, 120 S. Ct. 2348
(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). Vallejo’s
argument is foreclosed.
AFFIRMED.
United States v. Canizales
Combined Opinion