United States v. Martinez-Esparza ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 17, 2004
Charles R. Fulbruge III
Clerk
No. 04-40541
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GABRIEL MARTINEZ-ESPARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:03-CR-968-1
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Gabriel Martinez-Esparza appeals his conviction and sentence
for carjacking, in violation of 18 U.S.C. § 2119. Citing Blakely
v. Washington, 124 S. Ct. 2531 (2004), Ring v. Arizona, 536 U.S.
584 (2002), and Apprendi v. New Jersey, 530 U.S. 466 (2000),
Martinez-Esparza contends that his sentence was imposed under the
United States Sentencing Guidelines in violation of his Sixth
Amendment right to a jury trial and his Fifth Amendment right to
a grand jury indictment. Martinez-Esparza also argues that his
*
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this opinion should not be published and is not precedent except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. 04-40541
-2-
judgment of conviction must be vacated because the federal
carjacking statute, 18 U.S.C. § 2119, is an unconstitutional
extension of Congress’s power to regulate interstate commerce
under the Commerce Clause.
As Martinez-Esparza acknowledges, his arguments are
foreclosed by this court’s decisions in United States v. Pineiro,
377 F.3d 464, 473 (5th Cir. 2004) (holding that Blakely has no
effect on the United States Sentencing Guidelines), petition for
cert. filed (U.S. July 14, 2004) (No. 04-5263), and United States
v. Jimenez, 323 F.3d 320, 322 (5th Cir.) (upholding the
constitutionality of 18 U.S.C. § 2119), cert. denied, 540 U.S.
847 (2003). Accordingly, Martinez-Esparza’s conviction and
sentence are AFFIRMED.