33:T537,{"@context":"https://schema.org","@type":"Legislation","name":"United States v. Lozano-Salazar, 82 F. App'x 924","datePublished":"2003-12-10","legislationDate":"2003-12-10","citation":"United States v. Lozano-Salazar, 82 F. App'x 924 (5th Cir. 2003)","countryOfOrigin":"USA","jurisdiction":"Court of Appeals for the Fifth Circuit","description":"Read the full text of United States v. Lozano-Salazar (United States v. Lozano-Salazar, 82 F. App'x 924 (5th Cir. 2003)). This legal opinion, filed in 2003-12-10, from the Court of Appeals for the Fifth Circuit discusses important legal matters. Access this case and related legal documents on Midpage, an AI-powered legal research platform.","mainEntityOfPage":{"@type":"WebPage","@id":"https://app.midpage.ai/document/united-states-v-lozano-salazar-8420551"},"author":{"@type":"Organization","name":"Midpage"},"publisher":{"@type":"Organization","name":"Midpage"},"url":"https://app.midpage.ai/document/united-states-v-lozano-salazar-8420551","isPartOf":{"@type":"WebSite","name":"Midpage","url":"https://app.midpage.ai"},"inLanguage":"en","keywords":"legal, opinion, document, research, midpage, United States v. Lozano-Salazar, Court of Appeals for the Fifth Circuit, United States v. Lozano-Salazar, 82 F. App'x 924 (5th Cir. 2003)","isAccessibleForFree":true,"isFamilyFriendly":true}35:T4fa, PER CURIAM.*

Armando Lozano-Salazar appeals his conviction of being found in the United *925States following deportation after conviction of an aggravated felony. He argues, for the first time on appeal, that 8 U.S.C. § 1326(b) is unconstitutional because it treats a prior conviction for a felony or aggravated felony as a sentencing factor and not as an element of the offense. Lozano-Salazar’s argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 239-47, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Apprendi v. New Jersey, 530 U.S. 466, 489-90, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), did not overrule that decision. See United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.2000). Thus, the district court did not err in sentencing Lozano-Salazar under 8 U.S.C. § 1326(b).

AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.