No. 06-40793, Conference Calendar.United States Court of Appeals, Fifth Circuit.
August 21, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Victor Jose Torres-Dominguez, Houston, TX, pro se.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:05-CR-1348-ALL.
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:[*]
Victor Jose Torres-Dominguez (Torres) appeals his conviction and sentence following his guilty plea to illegal reentry. He argues that the district court erred in determining that his 1991 New York conviction for attempted burglary was a “crime of violence” under U.S.S.G.
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§ 2L1.2(b)(1)(A)(ii). This argument, however, was inadequately briefed and is therefore waived. See United States v. Voiles, 484 F.3d 745, 758 (5th Cir. 2007).
Torres also challenges the constitutionality of 8 U.S.C. § 1326(b). His constitutional challenge is foreclosed b Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Torres contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrul Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435
(2000), 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. 2005) see also Rangel-Reyes v. United States, ___ U.S. ___, 126 S.Ct. 2873, 165 L.Ed.2d 910 (2006) United States v. Pineda-Arrellano, 492 F.3d 624
(5th Cir. 2007). Torres 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.
AFFIRMED.