Conference Calendar UNITED STATES OF AMERICA v. Minor David Medina-Doblado

* 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should not be published and is not precedent except under the limited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. 07-50923
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MINOR DAVID MEDINA-DOBLADO
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:07-CR-51-ALL
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Minor David Medina-Doblado appeals from his conviction and sentence for
illegal reentry into the United States after deportation. Although he initially
challenged the district court’s application of U.S.S.G. § 2L1.2(b)(1)(B) to his
sentence based upon his prior Colorado conviction, the Government
subsequently supplemented the record with additional documentation regarding
that conviction. In response, Medina-Doblado conceded that, under plain error
United States Court of Appeals
Fifth Circuit
F I L E D
June 19, 2008
Charles R. Fulbruge III
Clerk

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No. 07-50923
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review, the supplemental documentation was sufficient to show that his sentence
was correctly calculated.
In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Medina-Doblado
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 argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). United States v.
Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872
(2008).
The district court’s judgment is AFFIRMED.

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