IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50262
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO GARCIA-ORRANTIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-1717-ALL-EP
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Arturo Garcia-Orrantia appeals the 46-month sentence imposed
following his plea of guilty to a charge of being found in the
United States after having been deported in violation of 8 U.S.C.
§ 1326. Garcia-Orrantia argues that the sentencing provision of
8 U.S.C. § 1326(b)(2) is unconstitutional in light of the Supreme
Court’s holding in Apprendi v. New Jersey, 530 U.S. 466 (2000).
Garcia-Orrantia 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that this opinion should not be published and is not precedent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. 02-50262
-2-
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). Garcia-
Orrantia’s argument is foreclosed. The judgment of the district
court is AFFIRMED.