United States v. Diaz-Lopez ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40286
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SAUL DIAZ-LOPEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-353-1
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December 14, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Saul Diaz-Lopez appeals his sentence following his guilty
plea conviction for illegal re-entry after deportation in
violation of 8 U.S.C. § 1326(a) and (b). Diaz-Lopez argues that
his prior felony conviction was an element of the offense of the
instant conviction. Diaz-Lopez 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 possible Supreme
Court review in light of Apprendi v. New Jersey, 120 S. Ct. 2348
*
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that this opinion should not be published and is not precedent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.
No. 00-40286
-2-
(2000). Diaz-Lopez's argument is foreclosed by Almendarez-
Torres, 523 U.S. at 235.
AFFIRMED.