IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 06-40381
F I L E D
Summary Calendar
September 28, 2007
UNITED STATES OF AMERICA Charles R. Fulbruge III
Clerk
Plaintiff-Appellee
v.
GUADALUPE RANGEL-TREVINO
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-2039-ALL
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Having pleaded guilty to being an alien unlawfully found in the United
States after deportation, in violation of 8 U.S.C. § 1326, Guadalupe Rangel-
Trevino contends the district court erroneously construed his prior Texas
conviction for aggravated assault as a crime of violence and incorrectly applied
a sentence enhancement under Sentencing Guidelines § 2L1.2. In the light of
our court’s recent decision in United States v. Guillen-Alvarez, 489 F.3d 197, 199-
201 (5th Cir. 2007), Rangel’s assertion is unavailing.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40381
Citing Apprendi v. New Jersey, 530 U.S. 466 (2000), Rangel challenges the
constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony
convictions as sentencing factors rather than elements of the offense that must
be found by a jury. Our court has held this issue “fully foreclosed from further
debate”. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007),
petition for cert. filed (Aug. 28, 2007) (No. 07-6202).
AFFIRMED.
2