United States v. Morales-Barcenas

* 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that this opinion should not be published and is not precedent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. 00-50059
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FELICIANO MORALES-BARCENAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-99-CR-568-1
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October 19, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Feliciano Morales-Barcenas appeals his sentence following
his guilty plea conviction for illegal re-entry after deportation
in violation of 8 U.S.C. § 1326(a) and (b). Morales-Barcenas
argues that his prior felony conviction was an element of the
offense of his conviction. Morales-Barcenas acknowledges that
his argument is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998), but he seeks to preserve the issue for
Supreme Court review in light of Apprendi v. New Jersey, 120 S.
Ct. 2348 (2000).

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No. 00-50059
-2-
Morales-Barcenas’s argument is foreclosed by Almendarez-
Torres, 523 U.S. at 235.
AFFIRMED.

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