United States v. Paredes-Escobedo

* 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that this opinion should not be published and is not precedent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. 00-10927
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN JOSÉ PAREDES-ESCOBEDO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-33-Y
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Juan José Paredes-Escobedo appeals his conviction and
sentence for one count of illegal reentry of a previously
deported alien pursuant to 8 U.S.C. §§ 1326(a), (b)(2). Paredes
argues that his plea was rendered involuntary by the district
court’s failure to admonish him that the “aggravated felony”
provision of 8 U.S.C. § 1326(b)(2) stated an element of the
charge against him that had to be proved to a jury. Pursuant to
Almendarez-Torres v. United States, 523 U.S. 224, 243 (1998),
this element did not have to be proved to a jury. Accordingly,

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No. 00-10927
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this argument lacks merit. Paredes acknowledges that Almendarez-
Torres controls, but he raises this issue to preserve it for
review by the Supreme Court. Because Paredes has not shown error
on the part of the district court, the judgment of that court is
AFFIRMED.

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