United States v. Castillo-Rodriguez ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41351
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
EFRAIN CASTILLO-RODRIGUEZ,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-97-CR-239-1
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Efrain Castillo-Rodriguez appeals his judgment of conviction
and sentence after pleading guilty to reentry after deportation
in violation of 8 U.S.C. § 1326. He argues that he was charged
with and pleaded guilty to § 1326(a), simple reentry, but that he
was sentenced as if he had pleaded guilty to reentry following a
conviction for an aggravated felony for purposes of § 1326(b)(2).
His argument is foreclosed by the Supreme Court’s decision in
Almendarez-Torres v. United States, ___ U.S. ___, 1998 WL 126904,
at *3, *8 (U.S. Mar. 24, 1998).
*
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that this opinion should not be published and is not precedent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. 97-41351
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AFFIRMED.