United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-41064
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DIEGO ISLAS DEL ANGEL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-CR-198-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Diego Islas Del Angel appeals his guilty-plea conviction and
sentence for two counts of transportation of an unlawful alien
within the United States and one count of illegal reentry after
deportation. Del Angel argues that the district court erred by
finding that his prior Texas felony conviction for burglary of a
habitation was a crime of violence under U.S.S.G.
§ 2L1.2(b)(1)(A)(ii). The district court did not err. See
*
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this opinion should not be published and is not precedent except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. 05-41064
-2-
United States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir.
2005), cert. denied, 126 S. Ct. 1398 (2006).
Del Angel’s constitutional challenge is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).
Although Del Angel contends that Almendarez-Torres was
incorrectly decided and that a majority of the Supreme Court
would overrule Almendarez-Torres in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000), we have repeatedly rejected such
arguments on the basis that Almendarez-Torres remains binding.
See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.),
cert. denied, 126 S. Ct. 298 (2005). Del Angel properly concedes
that his argument is foreclosed in light of Almendarez-Torres and
circuit precedent, but he raises it here to preserve it for
further review.
AFFIRMED.