IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41077 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAIME ALEJANDRO CORPUS-GONZALEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 00-41077 -------------------- April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:* Jaime Alejandro Corpus-Gonzalez argues that the district court erred in imposing an enhanced sentence based on his prior aggravated felony conviction, which was not alleged in the indictment. He argues that his prior convictions were an element of the offense and not merely a sentence enhancement factor.

Corpus concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve the issue for possible Supreme Court review in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-41077 -2- (2000). Apprendi did not overrule Almendarez-Torres. See Apprendi, 120 S. Ct. at 2361-62 & n.15; see also United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001).

As Corpus’ arguments on appeal are foreclosed, he has failed to show that the district court committed error in imposing sentence. Corpus’ judgment of conviction is AFFIRMED.