United States v. Estrada-Sanchez

U.S. Court of Appeals for the Fifth Circuit
United States v. Estrada-Sanchez, 168 F. App'x 611 (5th Cir. 2006)

United States v. Estrada-Sanchez

Opinion

PER CURIAM: *

Gilberto Estrada Sanchez (Estrada) appeals his conviction and the 77-month sentence imposed following his guilty plea to illegal reentry following deportation and after having been convicted of an aggravated felony. Estrada’s constitutional *612 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). Although Estrada 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 Almendarez-Torres 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). Estrada 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Gilberto ESTRADA SANCHEZ, Also Known as Gilberto Estrada-Sanchez, Defendant-Appellant
Status
Unpublished