IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51124
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PRISCILIANO ALMENDAREZ-RODRIGUEZ, also known as Priciliano
Almendarez-Rodriguez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CR-1045-ALL-DB
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June 15, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Prisciliano Almendarez-Rodriguez appeals his sentence
following his guilty plea conviction for illegal re-entry after
deportation in violation of 8 U.S.C. § 1326. Almendarez argues
that his sentence should not have exceeded the two-year maximum
sentence under 8 U.S.C. § 1326(a). Almendarez acknowledges that
his argument is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998), but he seeks to preserve the issue for
*
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that this opinion should not be published and is not precedent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. 00-51124
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Supreme Court review in light of Apprendi v. New Jersey, 530 U.S.
466 (2000).
Apprendi did not overrule Almendarez-Torres. See Apprendi,
530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984
(5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001).
Almendarez’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.