IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41120
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO RODRIGUEZ-GARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-182-1
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July 23, 2001
BEFORE: DUHÉ, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:1
Roberto Rodriguez-Garza (“Rodriguez”) appeals the 77-month
sentence imposed following his plea of guilty to a charge of being
found in the United States after deportation, a violation of 8
U.S.C. § 1326. He contends that the felony convictions that
resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) were
elements of the offense that should have been charged in the
indictment.
Rodriguez acknowledges that his argument is foreclosed by the
Supreme Court’s decision in Almendarez-Torres v. United States, 523
U.S. 224 (1998), but he seeks to preserve the issue for Supreme
1
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that this opinion should not be published and is not precedent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.
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). Rodriguez’
argument is foreclosed. The judgment of the district court is
AFFIRMED.