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. 03-41158
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ISRAEL PEREZ-SANCHEZ, also known as Jose
Israel Correas-Lovos,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-276-ALL
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jose Israel Perez-Sanchez 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, Perez-Sanchez 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). Perez-Sanchez acknowledges that his argument is
foreclosed by Almendarez-Torres v. United States, 523 U.S. 224
*
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that this opinion should not be published and is not precedent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. 03-41158
-2-
(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). Accordingly, the judgment of the
district court is AFFIRMED.