Texte intégral
* 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that this opinion should not be published and is not precedent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. 00-50305
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDDY FRANCISCO SEQUEIRA-RUEDA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP:00-CR-67-1-DB
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October 19, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Freddy Francisco Sequeira-Rueda appeals his sentence
following his guilty plea conviction for illegal re-entry after
deportation in violation of 8 U.S.C. § 1326. Sequeira-Rueda
argues that his prior felony conviction was an element of the
offense of his conviction. Sequeira-Rueda acknowledges that his
argument is foreclosed by Almendarez-Torres v. United States, 523
U.S. 224 (1998), but he seeks to preserve the issue for Supreme
Court review in light of Apprendi v. New Jersey, 120 S. Ct. 2348
(2000).
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No. 00-50305
-2-
Sequeira-Rueda’s argument is foreclosed by Almendarez-
Torres, 523 U.S. at 235.
AFFIRMED.
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