United States v. Maldonado

* 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this opinion should not be published and is not precedent except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
June 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20869
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS ERNESTO MALDONADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-275-ALL
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Carlos Ernesto Maldonado pleaded guilty to illegal reentry
after deportation following conviction of an aggravated felony
and was sentenced to 69 months of imprisonment, three years of
supervised release, and a $100 special assessment.
Maldonado argues for the first time on appeal that the
sentencing provisions of 8 U.S.C. § 1326(b)(1) and (2) are
unconstitutional on their face in light of Apprendi v. New
Jersey, 530 U.S. 466 (2000). Maldonado acknowledges that his

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No. 04-20869
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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. As Maldonado concedes, this issue is
foreclosed. See Apprendi, 530 U.S. at 489-90; United States v.
Dabeit, 231 F.3d 979, 984 (5th Cir. 2000).
AFFIRMED.

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