United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 21, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41232
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VALENTIN MALDONADO-ALAMEDA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-459-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Valentin Maldonado-Alameda (Maldonado) appeals the 70-month
sentence imposed following his plea of guilty to a charge of
attempted reentry into the United States after deportation, a
violation of 8 U.S.C. § 1326. He contends that the felony
conviction that resulted in his increased sentence under 8 U.S.C.
§ 1326(b)(2) was an element of the offense that should have been
charged in the indictment.
Maldonado acknowledges that his argument is foreclosed by
the Supreme Court’s decision in Almendarez-Torres v. United
*
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that this opinion should not be published and is not precedent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. 03-41232
-2-
States, 523 U.S. 224 (1998), but he seeks to preserve the issue
for Supreme Court review in light of the decision in Apprendi v.
New Jersey, 530 U.S. 466 (2000).
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). Since Maldonado’s argument is foreclosed, the
judgment of the district court will be AFFIRMED.
AFFIRMED.