Court of Appeals for the Fifth Circuit December 17, 2004, No. 04-40389 (United States v. Zelaya-Vasquez)

PER CURIAM: *

Emérito Zelaya-Vasquez (Zelaya) appeals his guilty-plea conviction and sentence for being found present in the United States following deportation and removal, without having obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security. Zelaya argues, pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.