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United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS June 23, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-21074 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MYRA “MARIA” GONZALEZ, also known as Maria Gonzalez-Gonzalez, Defendant-Appellant. -------------------------- CONSOLIDATED WITH No. 03-41500 -------------------------- UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIA ELENA RINCON-MACARENA, also known as Maria Myra Gonzalez, Defendant-Appellant. -------------------- Appeals from the United States District Court for the Southern District of Texas USDC Nos. H-00-CR-726-5 B-03-CR-432-ALL -------------------- Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges. PER CURIAM:* * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-21074 c/w 03-41500 -2- Myra “Maria” Gonzalez appeals her guilty-plea conviction and sentence for being found illegally present in the United States after deportation. She argues, pursuant to Apprendi v. New Jersey,
530 U.S. 466(2000), that the “felony” and “aggravated felony” provisions of
8 U.S.C. § 1326(b)(1) and (2) are elements of the offense, not sentence enhancements, making those provisions unconstitutional. She concedes that this argument is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224(1998), and she raises it for possible review by the Supreme Court. This argument is foreclosed by Almendarez-Torres,
523 U.S. at 235. We must follow the precedent set forth in Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” United States v. Dabeit,
231 F.3d 979, 984 (5th Cir. 2000) (internal quotation and citation omitted). Gonzalez does not brief any argument concerning how or why any potential reduction in her sentence for the
8 U.S.C. § 1326conviction would have any bearing on the sentence the district court imposed upon revocation of her supervised release for her
8 U.S.C. § 1324(a)(1)(A)(iii) conviction. She has therefore abandoned her appeal from the revocation of her supervised release. United States v. Valdiosera-Godinez,
932 F.2d 1093, 1099 (5th Cir. 1991). AFFIRMED.
Document Info
Docket Number: 03-21074, 03-41500
Citation Numbers: 101 F. App'x 985
Judges: Barksdale, Clement, DeMOSS, Per Curiam
Filed Date: 6/24/2004
Precedential Status: Non-Precedential
Modified Date: 8/1/2023