U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Castillo-Hernandez

United States v. Castillo-Hernandez
U.S. Court of Appeals for the Fifth Circuit · Decided February 18, 2004
87 F. App'x 949

United States v. Castillo-Hernandez

Opinion of the Court

PER CURIAM:*

Jose Marcos Castillo-Hernandez contends for the first time on appeal that the aggravated felony enhancement found in 8 U.S.C. § 1326(b) is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), but asserts that Almendarez-Torres has been called into doubt by Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000). He seeks to preserve the issue for possible Supreme Court review. The judgment 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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