United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 22, 2003
Charles R. Fulbruge III
Clerk
No. 03-20033
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS ALBERTO CAMACHO-RAMOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-349-1
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Luis Alberto Camacho-Ramos (“Camacho”) appeals the sentence
he received following his guilty-plea conviction for illegally
reentering the United States after deportation subsequent to an
aggravated felony conviction, in violation of 8 U.S.C. § 1326.
He argues, for the first time on appeal, 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 Almendarez-Torres
*
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that this opinion should not be published and is not precedent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. 03-20033
-2-
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). 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.