United States v. Saucedo-Perez
United States v. Saucedo-Perez
Opinion
Arnulfo Saucedo-Perez • appeals his guilty-plea conviction for illegal reentry *413 into the United States following an aggravated felony conviction in violation of 8 U.S.C. § 1326. For the first time on appeal, Saucedo-Perez argues that the sentencing provisions of 8 U.S.C. § 1326(b)(1) & (2) are unconstitutional in light of the Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).
Saucedo-Perez acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), but he seeks to preserve the issue for Supreme Court review. Apprendi did not overrule Almendarez-Torres. See Apprendi, 530 U.S. at 489-90, 120 S.Ct. 2348; United States v. Ddbeit, 231 F.3d 979, 984 (5th Cir. 2000). Saucedo-Perez’s argument is foreclosed. The judgment of the district court is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *413 the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.