Summary Calendar UNITED STATES OF AMERICA v. Alfredo Villafuerte-Rodriguez, also known as Alfredo Rodriguez- Villafuerte

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40841
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALFREDO VILLAFUERTE-RODRIGUEZ, also known as Alfredo Rodriguez-
Villafuerte
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:07-CR-290-1
Before SMITH, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
In the light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Alfredo
Villafuerte-Rodriguez challenges the constitutionality of 8 U.S.C. § 1326(b)’s
treatment of prior felony and aggravated felony convictions as sentencing factors
rather than elements of the offense that must be found by a jury. This
contention is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224,
United States Court of Appeals
Fifth Circuit
F I L E D
March 24, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40841
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235 (1998). See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.
2007), cert. denied, 128 S. Ct. 872 (2008).
Villafuerte also seeks our remanding for correction of a clerical error in the
judgment, pursuant to Federal Rule of Criminal Procedure 36. The Government
joins this request. This matter is remand for the limited purpose of correcting
the judgment to reflect that Villafuerte was found guilty after a plea of not
guilty. See FED. R. CRIM. P. 36.
AFFIRMED; REMANDED FOR THE LIMITED PURPOSE OF
CORRECTING CLERICAL ERROR IN JUDGMENT.

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