USA vs. Rodriguez-Martinez, (5th Cir. 2001)
Linked as:
Text
* Pursuant to 5 TH C IR . R. 47.5, the court has determined tha t this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-21144 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GIOVANNI RODRIGUEZ-MARTINEZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas (H-00-CR-474-1) July 19, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM: * Giovanni Rodriguez-Martinez appeals the 46-month sentence imposed following his guilty plea to a charge of being found in the United States after deportation in violation of 8 U.S.C. § 1326.
He contends that the prior felony conviction that resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was an element of the offense that should have been charged in the indictment. Since Apprendi did not overrule Almendarez-Torres , 3 Rodriguez-MartinezÂ’s argument is foreclosed in this court. 4 Therefore, the judgment of the district court is AFFIRMED.
1 523 U.S. 224 (1998). 2 530 U.S. 466 (2000). 3 See Apprendi , 530 U.S. at 489-90. 4 See United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), c ert. denied , 121 S. Ct. 1214 (2001)
Sponsored links
This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Khamis Khalil Dabeit, Defendant-Appellant,, 231 F.3d 979 (5th Cir. 2000)
- U.S. Code - Title 8: Aliens and Nationality - 8 USC 1326 - Sec. 1326. Reentry of removed aliens
- U.S. Supreme Court - Almendarez-Torres v. United States, 523 U.S. 224 (1998)
- U.S. Supreme Court - Apprendi v. New Jersey, 530 U.S. 466 (2000)
See other documents that cite the same legislation
