United States v. Figueroa-Rojas

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 19, 2006 Charles R. Fulbruge III Clerk No. 05-41193 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee v. MIGUEL FIGUEROA-ROJAS Defendant - Appellant -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-105-ALL -------------------- Before KING, WIENER and DeMOSS, Circuit Judges.

PER CURIAM:* Miguel Figueroa-Rojas’s constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). Although Figueroa-Rojas 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 (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.),

No. 05-41193 -2- cert. denied, 126 S. Ct. 298 (2005). Figueroa-Rojas 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.

The conviction and sentence of Figueroa-Rojas are AFFIRMED.