United States v. Sandoval-Nungaray ( 2001 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-50709
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    SANTIAGO SANDOVAL-NUNGARAY,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP-00-CR-472-1-H
    - - - - - - - - - -
    February 15, 2001
    Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
    PER CURIAM:*
    Santiago Sandoval-Nungaray appeals his sentence following
    his guilty plea conviction for illegal re-entry after deportation
    in violation of 8 U.S.C. § 1326.   Sandoval argues that his
    sentence should not have exceeded the two-year maximum sentence
    under 8 U.S.C. § 1326(a).   Sandoval 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 Supreme
    Court review in light of Apprendi v. New Jersey, 
    530 U.S. 466
    (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    that this opinion should not be published and is not precedent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. 00-50709
    - 2 -
    Sandoval’s argument is foreclosed by 
    Almendarez-Torres, 523 U.S. at 235
    .
    The Government has moved for a summary affirmance in lieu of
    filing an appellee’s brief.   In its motion, the Government asks
    that the judgment of the district court be affirmed and that an
    appellee’s brief not be required.   The motion is granted.
    AFFIRMED; MOTION GRANTED.
    

Document Info

Docket Number: 00-50709

Filed Date: 2/16/2001

Precedential Status: Non-Precedential

Modified Date: 12/21/2014