United States v. Arias-Ortega ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 24, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-40856
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDIE FERNANDO ARIAS-ORTEGA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-45-ALL
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Fredie Fernando Arias-Ortega (“Arias”) appeals his guilty-
plea conviction and sentence for being an alien unlawfully found
in the United States after deportation pursuant to 8 U.S.C.
§ 1326. He argues that the magistrate judge lacked jurisdiction
to accept his guilty plea, that his prior cocaine-possession
conviction was not an aggravated felony for purposes of U.S.S.G.
§ 2L1.2(b)(1)(C) (2001), and that 8 U.S.C. § 1326 is
*
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that this opinion should not be published and is not precedent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. 02-40856
-2-
unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466(2000).
Arias concedes that his arguments are foreclosed by this
court’s precedent; he raises these issues only to preserve them
for possible Supreme Court review. See United States v. Bolivar-
Munoz, 313 F.3d 253, 256-57 (5th Cir. 2002), cert. denied, 2003
WL 729161 (U.S. Mar. 31, 2003); United States v. Caicedo-Cuero,
312 F.3d 697, 706-11 (5th Cir. 2002), petition for cert. filed,
(U.S. Mar. 19, 2003)(No. 02-9747); United States v. Dabeit, 231
F.3d 979, 984 (5th Cir. 2000). His arguments are foreclosed.
AFFIRMED.