United States v. Juarez-Arrellano

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40818
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE JUAREZ-ARRELLANO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-139-1
--------------------
February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jorge Juarez-Arrellano appeals his sentence after pleading
guilty to being found present in the United States following
deportation. Relying on the Supreme Court’s recent decision in
Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), he argues that
his sentence is illegal because a prior aggravated-felony
conviction used for sentence-enhancement purposes was not alleged
in his indictment. As Juarez-Arrellano acknowledges, his
argument remains foreclosed by Almendarez-Torres v. United
States, 523 U.S. 224 (1998). See United States v. Dabeit, 231

-- 1 of 2 --

No. 00-40818
-2-
F.3d 979, 984 (5th Cir. 2000), petition for cert. filed, (U.S.
Jan. 26, 2001)(No. 00-8299). Accordingly, the district court’s
judgment is AFFIRMED.

-- 2 of 2 --