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. 03-41351
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO CAMACHO-OROZCO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-420-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Mario Camacho-Orozco (Camacho) appeals the sentence imposed
following his guilty-plea conviction for being an alien
unlawfully found in the United States following deportation after
having been previously convicted of an aggravated felony, in
violation of 8 U.S.C. § 1326. For the first time on appeal,
Camacho argues that the sentencing provisions of 8 U.S.C.
§ 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi
v. New Jersey, 530 U.S. 466 (2000). Camacho acknowledges that
*
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that this opinion should not be published and is not precedent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. 03-41351
-2-
his argument is foreclosed by 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.
Accordingly, the judgment of the district court is AFFIRMED.