United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-41093
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS ALBERTO VASQUEZ-HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-376-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Carlos Alberto Vasquez-Hernandez (Vasquez) appeals his
guilty plea conviction for illegal reentry into the United States
following deportation and after having been convicted of an
aggravated felony in violation of 8 U.S.C. § 1326. For the first
time on appeal, Vasquez argues that the sentencing provisions of
8 U.S.C. § 1326(b)(1) & (2) are unconstitutional in the light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). Vasquez
acknowledges that his 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that this opinion should not be published and is not precedent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. 03-41093
-2-
v. United States, 523 U.S. 224, 235 (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.
Accordingly, the judgment of the district court is AFFIRMED.