U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Llanos-Reyes

United States v. Llanos-Reyes
U.S. Court of Appeals for the Fifth Circuit · Decided April 12, 2006 · Jones, Jolly, Davis
176 F. App'x 508

United States v. Llanos-Reyes

Opinion

PER CURIAM: *

*509 Alberto Llanos-Reyes appeals his guilty-plea conviction and 27-month sentence for unlawful presence in the United States after deportation. Llanos-Reyes argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Llanos-Reyes’s constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Llanos-Reyes contends that AlmendarezTorres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi, 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). Llanos-Reyes 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 *509 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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