United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 17, 2004
Charles R. Fulbruge III
Clerk
No. 03-40588
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS GONZALES-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-1402-ALL
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jesus Gonzales-Garcia (Gonzales) appeals his guilty-plea
conviction for illegal reentry into the United States following
an aggravated felony conviction in violation of 8 U.S.C. § 1326.
For the first time on appeal, Gonzales argues that the sentencing
provisions of 8 U.S.C. § 1326(b)(1) & (2) are unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000).
Gonzales acknowledges that his argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he
*
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that this opinion should not be published and is not precedent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. 03-40588
-2-
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).
Gonzales also challenges a condition of supervised release
set forth in the written judgment that prohibits him from
possessing “any other dangerous weapon.” Gonzales argues that
this provision must be deleted from the written judgment because
the district court did not mention the condition when it orally
pronounced sentence. We find no error in the written judgment.
This issue now is also foreclosed. See United States v. Torres-
Aguilar, 352 F.3d 934, 935-37 (5th Cir. 2003).
AFFIRMED.