IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21071
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERTO SEGURA-ALVAREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-307-ALL
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July 30, 2001
Before GARWOOD, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Alberto Segura-Alvarez appeals the 57-month sentence imposed
following his plea of guilty to a charge of illegal re-entry
after deportation in violation of 8 U.S.C. § 1326. He contends
that his prior felony conviction and the fact that he was
subsequently deported were elements of the offense that should
have been charged in the indictment because they resulted in his
receiving an increased sentence under 8 U.S.C. § 1326(b)(2).
Segura-Alvarez acknowledges that his argument is foreclosed
by the Supreme Court’s decision in Almendarez-Torres v. United
*
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that this opinion should not be published and is not precedent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. 00-21071
-2-
States, 523 U.S. 224 (1998), but he seeks to preserve the issue
for Supreme Court review in light of the decision in 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). Segura-
Alvarez’s argument is foreclosed. The judgment of the district
court is AFFIRMED.