United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-41097
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS MARTIN GONZALEZ-CONTRERAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-186-1
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Luis Martin Gonzalez-Contreras 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, Gonzalez argues that the sentencing
provisions of 8 U.S.C. § 1326(b) are unconstitutional in light of
the Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S.
466 (2000).
*
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that this opinion should not be published and is not precedent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. 03-41097
-2-
Gonzalez acknowledges that his argument is foreclosed by the
Supreme Court’s decision in Almendarez-Torres 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). Gonzalez’s
argument is foreclosed. The judgment of the district court is
AFFIRMED.