U.S. Court of Appeals for the Fifth Circuit, 2003

United States v. Saucedo-Perez

United States v. Saucedo-Perez
U.S. Court of Appeals for the Fifth Circuit · Decided August 19, 2003 · Jones, Wiener, Benavides
71 F. App'x 412

United States v. Saucedo-Perez

Opinion

PER CURIAM. *

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *413 the limited circumstances set forth in 5th Cir. R. 47.5.4.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.