IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51073
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICENTE SANCHEZ-ZAVALA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-00-CR-133-ALL-SS
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Vicente Sanchez-Zavala appeals his conviction following his
guilty plea conviction for illegal re-entry after deportation in
violation of 8 U.S.C. § 1326(b)(2). Sanchez argues that his
conviction should be vacated and that he be allowed to withdraw
his guilty plea because the factual basis did not adequately
support a conviction under § 1326(b)(2). Sanchez contends that
the factual basis should have listed the term of imprisonment for
the aggravated felony used to enhance his sentence. Sanchez
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that this opinion should not be published and is not precedent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. 00-51073
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v. United States, 523 U.S. 224 (1998), but he seeks to preserve
the issue for Supreme Court review in light of 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). Sanchez’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.