Conference Calendar UNITED STATES OF AMERICA v. Sergio Vasquez Carbajal, also known as Sergio Carvajal Vazquez, also known as Sergio…

* 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should not be published and is not precedent except under the limited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. 07-20580
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SERGIO VASQUEZ CARBAJAL, also known as Sergio Carvajal Vazquez, also
known as Sergio Vasquez-Carbajal, also known as Sergio Carvajal-Vasquez, also
known as Sergio Vazquez
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:07-CR-39-ALL
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Sergio Vasquez Carbajal was convicted of illegal reentry into the United
States after having been deported and was sentenced to serve 46 months in
prison. In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), he 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
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2008
Charles R. Fulbruge III
Clerk

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No. 07-20580
2
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 judgment of the district court is AFFIRMED.

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