United States v. Solis-Ramirez

* 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that this opinion should not be published and is not precedent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. 03-41191
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCO ANTONIO SOLIS-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-03-CR-344-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Marco Antonio Solis-Ramirez (Solis-Ramirez) appeals his
conviction and sentence for being found in the United States
after previous deportation, a violation of 8 U.S.C. § 1326(a) and
(b). He argues that the “felony” and “aggravated felony”
provisions of § 1326(b)(1) and (2) are unconstitutional in light
of Apprendi v. New Jersey, 530 U.S. 466 (2000). Solis-Ramirez
raises an issue that he concedes is foreclosed, but he seeks to
preserve it for further review.

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No. 03-41191
-2-
This argument is foreclosed by Almendarez-Torres v. United
States, 523 U.S. 224, 235 (1998). We must follow the precedent
in Almendarez-Torres “unless and until the Supreme Court itself
determines to overrule it.” United States v. Dabeit, 231 F.3d
979, 984 (5th Cir. 2000) (internal quotation and citation
omitted).
AFFIRMED.

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