203 F. App'x 639

UNITED STATES of America, Plaintiff-Appellee, v. Jaime GARCIA-SANCHEZ, Defendant-Appellant.

No. 06-40125.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Oct. 25, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Sarah Beth *640Landau, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Jaime Garcia-Sanchez appeals his guilty-plea conviction and 60-month sentence for illegally reentering the United States after having been deported. Garcia-Sanchez challenges the constitutionality of 8 U.S.C. § 1326(b). Garcia-Sanchez’s constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Garcia-Sanchez contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, — U.S. -, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Garcia-Sanchez properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here solely to preserve it for further review.

AFFIRMED.

United States v. Garcia-Sanchez
203 F. App'x 639

Case Details

Name
United States v. Garcia-Sanchez
Decision Date
Oct 25, 2006
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203 F. App'x 639

Jurisdiction
United States

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