IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51295
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAUL CHAVEZ-ZARZA, also known as Romero Gonzalez-Zarza,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. ER-01-CR-1125-1-EP
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August 21, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Raul Chavez-Zarza (“Chavez”) appeals the sentencing
following his guilty plea conviction for illegal reentry into the
United States following deportation in violation of 8 U.S.C.
§ 1326(a) and (b)(2). Chavez argues that the felony conviction
that resulted in his increased sentence under 8 U.S.C.
§ 1326(b)(2) was an element of the offense that should have been
charged in his indictment. He also argues that in light of
*
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that this opinion should not be published and is not precedent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. 01-51295
-2-
Apprendi v. New Jersey, 530 U.S. 466 (2000), the district court
erred in imposing a sentence greater than the two-year maximum
sentence permissible under 8 U.S.C. § 1326 because the Government
did not plead Chavez’ prior aggravated felony in the indictment.
Chavez acknowledges that his arguments are foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he
seeks to preserve the issues for Supreme Court review. 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, 531 U.S. 1202 (2001). Chavez’ argument
is foreclosed. See Almendarez-Torres, 523 U.S. at 235.
For the foregoing reasons Chavez’ sentence is AFFIRMED.