United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2004
Charles R. Fulbruge III
Clerk
No. 04-40291
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ANTONIO RODRIGUEZ-MEDINA,
also known as Juan Rodriguez-Medina,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-CR-1067
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Juan Antonio Rodriguez-Medina appeals his guilty-plea
conviction and sentence for illegal reentry following
deportation. He contends that the “felony” and “aggravated
felony” provisions of 18 U.S.C. § 1326(b) are unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000).
Alternatively, he contends that he may not be convicted and
sentenced under 18 U.S.C. § 1326(b) because the indictment did
*
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that this opinion should not be published and is not precedent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. 04-40291
-2-
not allege that he was deported after a qualifying felony or
aggravated felony. Rodriguez-Medina acknowledges that his
argument is foreclosed, but seeks to preserve the issue for
possible Supreme Court review. As Rodriguez-Medina concedes,
this issue is foreclosed. See Almendarez-Torres v. United
States, 523 U.S. 224, 247 (1998); United States v. Dabeit, 231
F.3d 979, 984 (5th Cir. 2000).
AFFIRMED.