United States v. Beltran-Casares ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50477
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OSCAR BELTRAN-CASARES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-99-CR-686-1
--------------------
December 14, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Oscar Beltran-Casares 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). Beltran argues that his
prior felony conviction was an element of the offense of the
instant conviction that had to be alleged in the indictment.
Beltran 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 (2000).
*
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that this opinion should not be published and is not precedent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. 00-50477
-2-
Beltran's argument is foreclosed by Almendarez- Torres, 523
U.S. at 235.
AFFIRMED.