United States v. Estrada-Sanchez, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40838
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GILBERTO ESTRADA SANCHEZ,
also known as Gilberto Estrada-Sanchez
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-982-ALL
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Gilberto Estrada Sanchez (Estrada) appeals his conviction
and the 77-month sentence imposed following his guilty plea to
illegal reentry following deportation and after having been
convicted of an aggravated felony. Estrada’s constitutional
challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-
Torres v. United States, 523 U.S. 224, 235 (1998). Although
Estrada contends that Almendarez-Torres was incorrectly decided
and that a majority of the Supreme Court would overrule

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No. 05-40838
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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.), cert. denied, 126
S. Ct. 298 (2005). Estrada 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.

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