IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10291 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARIO MEDINA-GONZALEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:99-CR-287-1-L -------------------- October 19, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Mario Medina-Gonzalez appeals his sentence following his

guilty plea conviction for illegal re-entry after deportation in

violation of

. Medina-Gonzalez argues that his

prior felony conviction was an element of the offense of his

conviction. Medina-Gonzalez acknowledges that his argument is

foreclosed by Almendarez-Torres v. United States,

(1998), but he seeks to preserve the issue for Supreme Court

review in light of Apprendi v. New Jersey,

(2000).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-10291 -2-

Medina-Gonzalez’s argument is foreclosed by Almendarez-

Torres,

.

AFFIRMED.