IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30761
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO SALAZAR-ROJAS, also known as Manuel
Lopez-Gonzalez, also known as Jesus Antonio
Salazar, also known as Antonio Salazar,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 01-CR-20-ALL-S
--------------------
February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Antonio Salazar-Rojas appeals the sentence imposed by the
district court following his guilty-plea conviction for illegal
reentry into the United States after deportation. He argues that
his prior conviction for unauthorized entry of an inhabited
dwelling was an element of the offense which should have been
alleged in the indictment in view of Apprendi v. New Jersey, 530
U.S. 466, 490 (2000). The indictment alleged that he had a
different felony conviction for simple criminal damage to
*
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that this opinion should not be published and is not precedent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. 01-30761
-2-
property in an amount exceeding $500. Salazar-Rojas’ argument is
foreclosed by the Supreme Court’s decision in Almendarez-Torres
v. United States, 523 U.S. 224 (1998). He states that he is
raising this issue to preserve it for possible Supreme Court
review in view of Apprendi. Apprendi did not overrule
Almendarez-Torres. See Apprendi, 530 U.S. at 489-90; see also
United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000), cert.
denied, 121 S. Ct. 1214 (2001). This court must follow
controlling Supreme Court precedent until the Supreme Court
itself overrules it. See Dabeit, 231 F.3d at 984.
AFFIRMED.
United States v. Salazar-Rojas
Combined Opinion