United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 24, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-20783
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO SANCHEZ-CORTEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-856-ALL
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Ricardo Sanchez-Cortez (Sanchez) appeals his conviction and
sentence for illegal reentry after deportation, in violation of
8 U.S.C. § 1326. Sanchez contends that the district court should
have suppressed the evidence of his prior administrative
deportation because he was deprived of due process during his
administrative deportation proceeding. However, Sanchez concedes
that he raises the issue only to preserve it for Supreme Court
*
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that this opinion should not be published and is not precedent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. 02-20783
-2-
review, as his argument is foreclosed by United States v.
Benitez-Villafuerte, 186 F.3d 651, 656-60 (5th Cir. 1999).
Sanchez also contends that, in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000), 8 U.S.C. § 1326(b) is
unconstitutional because it does not require a prior felony
conviction to be proved as an element of the offense. Sanchez
acknowledges that his argument is foreclosed by Almendarez-Torres
v. United States, 523 U.S. 224 (1998), but seeks to preserve the
issue for Supreme Court review in light of Apprendi v. New
Jersey, 530 U.S. 466, 490 (2000).
Apprendi did not overrule Almendarez-Torres. Apprendi, 530
U.S. at 489-90, 496; United States v. Dabeit, 231 F.3d 979, 984
(5th Cir. 2000). This court must follow Almendarez-Torres
“unless and until the Supreme Court itself determines to overrule
it.” Dabeit, 231 F.3d at 984 (internal quotation marks and
citation omitted).
AFFIRMED.
United States v. Sanchez-Cortez
Combined Opinion