United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 10, 2003
Charles R. Fulbruge III
Clerk
No. 03-40821
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE ARMANDO ROMERO-MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-CR-23-1
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Armando Romero-Martinez appeals his illegal reentry
conviction. Romero concedes that the issue whether the “felony”
and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1)&(2)
are unconstitutional in light of Apprendi v. New Jersey, 530 U.S.
466 (2000), is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998), and he raises it solely to preserve its
further review by the Supreme Court. Apprendi did not overrule
Almendarez-Torres. See Apprendi, 530 U.S. at 489-90. This 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that this opinion should not be published and is not precedent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. 03-40821
-2-
must therefore follow the precedent set in Almendarez-Torres
“unless and until the Supreme Court itself determines to overrule
it.” See United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.
2000) (internal quotation and citation omitted).
AFFIRMED.