USA vs. Zuniga-Enriquez, (5th Cir. 2006)

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United States Court of Appeals

Fifth Circuit

FILED

IN THE UNITED STATES COURT OF APPEALS

June 21, 2006

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 05-41784

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LORENZO ZUNIGA-ENRIQUEZ, also known as Florencio Zuniga-

Enriquez,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:05-CR-429-ALL

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:* Lorenzo Zuniga-Enriquez (Zuniga) appeals his illegal reentry conviction and sentence, challenging the constitutionality of 8U.S.C. § 1326(b)(1) and (2). Zuniga's constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 , 235 (1998). Although Zuniga contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), we have repeatedly rejected such * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. arguments on the basis that Almendarez-Torres remains binding.

See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Zuniga properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.

AFFIRMED.

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