United States v. Gonzalez-Osorio

U.S. Court of Appeals for the Fifth Circuit
United States v. Gonzalez-Osorio, 157 F. App'x 755 (5th Cir. 2005)

United States v. Gonzalez-Osorio

Opinion

PER CURIAM: *

Marcos Antonio Gonzalez-Osorio (“Gonzalez”) was convicted of illegally reentering the United States having previously been deported following a felony conviction, in violation of 8 U.S.C. § 1326(a), (b). Gonzalez’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). *756 Although Gonzalez contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that AlmendarezTorres remains binding. See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, — U.S. —, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Gonzalez properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Marcos Antonio GONZALEZ-OSORIO, Defendant-Appellant
Status
Unpublished