United States v. Garcia-Luna ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40720
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUADALUPE GARCIA-LUNA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-97-CR-118
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April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Guadalupe Garcia-Luna appeals his sentence following a
guilty-plea conviction for illegal reentry into the United States
after his deportation in violation of 8 U.S.C. § 1326. Garcia-
Luna argues that he was charged with and pleaded guilty to simple
illegal reentry under § 1326(a) and that he could not be
sentenced under § 1326(b)(2) because the indictment failed to
allege that he had a prior aggravated felony conviction. His
argument is foreclosed by the U.S. Supreme Court’s decision in
Almendarez-Torres v. United States, ___ U.S. ___, 1998 WL 126904,
at *3, *8 (U.S. Mar. 24, 1998).
*
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that this opinion should not be published and is not precedent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.
No. 97-40710
-2-
AFFIRMED.