United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 18, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-20052
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE SANTOS ZUNIGA-VERAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CR-157-ALL
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Jose Santos Zuniga-Veras 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, Zuniga-Veras argues that the
sentencing provisions of 8 U.S.C. § 1326(b)(1) & (2) 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this opinion should not be published and is not precedent except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. 04-20052
-2-
Under either a de novo or plain error standard of review,
Zuniga-Veras 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). Zuniga-Veras’s
argument is foreclosed. The judgment of the district court is
AFFIRMED.