United States v. Sanchez-Zavala

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. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-00-CR-133-ALL-SS - - - - - - - - - - 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 - 2 - 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.