United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 14, 2007
Charles R. Fulbruge III
Clerk
No. 06-30424
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE JULIAN PARRAL, also known as Jose Julian Parral-Ramos, also
known as Jose Julin Parral-Ramos,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-163
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Julian Parral appeals his guilty-plea conviction and
sentence for illegal reentry into the United States. He argues
that the 96-month term of imprisonment imposed in his case
exceeds the statutory maximum sentence allowed for the 8 U.S.C.
§ 1326(a) offense charged in his indictment.
Parral’s argument is foreclosed by Almendarez-Torres v.
United States, 523 U.S. 224, 235 (1998), in which the Supreme
Court held that treatment of prior convictions as sentencing
*
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this opinion should not be published and is not precedent except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. 06-30424
-2-
factors, rather than as elements of the offense that must be
found by a jury, was constitutional. Although Parral contends
that a majority of the Supreme Court would now consider
Almendarez-Torres to be incorrectly decided 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). Parral 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.