United States v. Rodriguez-Muniz

* 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this opinion should not be published and is not precedent except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. 04-40004
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAURICIO RODRIGUEZ-MUNIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-03-CR-1130-ALL
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Mauricio Rodriguez-Muniz pleaded guilty to one charge of
illegal reentry into the United States. The district court
sentenced him to 46 months in prison and a three-year term of
supervised release. Rodriguez-Muniz argues in this appeal that
the “felony” and “aggravated felony” provisions of 8 U.S.C.
§ 1326(b)(1) and (2) are unconstitutional in light of Apprendi v.
New Jersey, 530 U.S. 466 (2000). This argument is, as Rodriguez-
Muniz concedes, foreclosed. See Almendarez-Torres v. United
United States Court of Appeals
Fifth Circuit
F I L E D
August 18, 2004
Charles R. Fulbruge III
Clerk

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No. 04-40004
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States, 523 U.S. 224 (1998); United States v. Dabeit, 231 F.3d
979, 984 (5th Cir. 2000). The judgment of the district court is
AFFIRMED.

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