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

United States v. Quiroz-Escandon

United States v. Quiroz-Escandon
U.S. Court of Appeals for the Fifth Circuit · Decided April 12, 2006
176 F. App'x 523

United States v. Quiroz-Escandon

Opinion of the Court

PER CURIAM: *

Pedro Quirozr-Escandon appeals his guilty plea conviction and sentence for illegal reentry into the United States. He argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). His constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 *524U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Quiroz-Escandon contends that Almendarez-Torres 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). Quiroz-Escandon 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. Because Quiroz-Escandon has shown no error in the judgment of the district court, that 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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