United States v. Lanza-Paz

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-21045
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERLIN ROLANDO LANZA-PAZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-479
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Erlin Rolando Lanza-Paz (Lanza) appeals following his guilty
plea conviction for illegal reentry after deportation. Lanza
argues that the “felony” and “aggravated felony” provisions of
8 U.S.C. § 1326(b)(1) and (2) are unconstitutional in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000).
Lanza’s constitutional challenge is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).
Although Lanza contends that Almendarez-Torres was incorrectly
decided and that a majority of the Supreme Court would overrule

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No. 05-21045
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Almendarez-Torres in light of Apprendi, we have repeatedly
rejected such 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). Lanza
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.
The judgment of the district court is AFFIRMED.

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