IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40273
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALLISON NOEL BOWEN,
also known as Allison Noel Jenkins,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-488-ALL
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Allison Noel Bowen appeals the 46-month sentence imposed
following his guilty plea to a charge of illegal re-entry after
having been deported following an aggravated felony conviction in
violation of 8 U.S.C. § 1326. Bowen argues that the sentencing
provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are
unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466
(2000). He concedes that this argument is foreclosed by
*
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that this opinion should not be published and is not precedent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. 02-40273
-2-
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he
seeks to preserve the issue for Supreme Court review. 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, 531 U.S. 1202 (2001). This court must
follow the precedent set in Almendarez-Torres "unless and until
the Supreme Court itself determines to overrule it." Dabeit, 231
F.3d at 984 (internal quotation and citation omitted).
AFFIRMED.