IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10880
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CECIL ANTONIO WILSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:00-CR-30-1-C
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June 15, 2001
Before WIENER, DEMOSS, AND DENNIS, CIRCUIT JUDGES.
PER CURIAM:*
Cecil Antonio Wilson appeals the 210-month sentence imposed
folliwng his plea of guilty to the charge of possession of a
firearm by a convicted felon, a violation of 18 U.S.C.
§ 922(g)(1). Wilson, who is represented by the Federal Public
Defender’s Office, contends that the aggravated-felony conviction
that resulted in his increased sentence under 18 U.S.C.
§ 924(e)(1) was an element of the offense that should have been
charged in the indictment.
*
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that this opinion should not be published and is not precedent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. 00-10880
-2-
Wilson concedes that this argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998). He
nevertheless seeks to preserve the issue for Supreme Court review
in 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; see also United States v. Dabeit,
231 F.3d 979, 984 (5th Cir. 2000)(noting that the Supreme Court
in Apprendi expressly declined to overrule Almendarez-Torres),
cert. denied, ___ S. Ct. ___ (U.S. Feb. 26, 2001)(No. 00-8299),
2001 WL 77067. Wilson’s argument is foreclosed. The judgment of
the district court is AFFIRMED.