United States v. Caseres-Rodriguez

* 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that this opinion should not be published and is not precedent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
April 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41167
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISRAEL CASERES-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-440-1
--------------------
Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Israel Caseres-Rodriguez appeals his guilty plea conviction
for illegal reentry into the United States following an
aggravated felony conviction in violation of 8 U.S.C. § 1326.
For the first time on appeal, Caseres argues that the sentencing
provisions of 8 U.S.C. § 1326(b)(1) & (2) are unconstitutional in
light of Apprendi v. New Jersey, 530 U.S. 466 (2000). Caseres
acknowledges that his argument is foreclosed by Almendarez-Torres
v. United States, 523 U.S. 224 (1998), but he seeks to preserve

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No. 03-41167
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the issue for Supreme Court review. Apprendi did not overrule
Almendarez-Torres. See Apprendi, 530 U.S. at 489-90; United
States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000).
Accordingly, the judgment of the district court is AFFIRMED.

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