United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-41508
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS VICENTE ROBLES-CORDERO, also known as Alonso
Felix Campos,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-398-ALL
--------------------
Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Jesus Vicente Robles-Cordero appeals his guilty plea
conviction and sentence for being unlawfully present in the
United States after deportation following an aggravated felony
conviction. He argues that the “felony” and “aggravated felony”
provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional
in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), and
contends that his challenge is not barred by the appeal-waiver
*
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this opinion should not be published and is not precedent except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. 05-41508
-2-
provision in his plea agreement. The Government seeks
enforcement of the waiver provision.
We assume, arguendo only, that the waiver does not bar the
instant appeal. Robles-Cordero’s constitutional challenge is
foreclosed by Almendarez-Torres v. United States, 523 U.S. 224,
235 (1998). Although Robles-Cordero contends that
Almendarez-Torres was incorrectly decided and that a majority of
the Supreme Court would overrule Almendarez- Torres in light of
Apprendi, 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). Robles-Cordero 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.