United States v. Dominguez-Trevino

* 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that this opinion should not be published and is not precedent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. 00-40874
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GALVINO DOMINGUEZ-TREVINO
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-173-1
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February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Galvino Dominguez-Trevino pleaded guilty to being illegally
present in the United States after having been previously
deported. His sentence was enhanced because his prior
deportation occurred following an aggravated felony conviction.
See 8 U.S.C. § 1326(b). He argues that, under Apprendi v. New
Jersey, 120 S. Ct. 2348, 2362 (2000), the indictment in his case
was deficient because it failed to allege that his prior
deportation followed a conviction for an aggravated felony under
§ 1326(b).

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No. 00-40874
-2-
Dominguez-Trevino’s argument is without merit given the
Supreme Court’s decision in United States v. Almendarez-Torres,
523 U.S. 224 (1998). The Court in Apprendi did not overrule its
holding in Almendarez-Torres. See Apprendi, 120 S. Ct. at 2362-
63; United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000),
petition for cert. filed, (U.S. Jan. 26, 2001)(No. 00-8299).
AFFIRMED.

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