United States v. Parra-Torres ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41114
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ARTURO PARRA-TORRES,
also known as Juan Tapia-Torres,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-97-CR-141-1
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April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Juan Arturo Parra-Torres appeals his sentence for unlawfully
entering the United States after having been previously deported.
Parra-Torres argues that his sentence was improperly enhanced
pursuant to Title 8 U.S.C. § 1326(b), based upon his prior
commission of an aggravated felony, because the charging
indictment did not mention the prior aggravated felony
conviction. His argument is foreclosed by the 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that this opinion should not be published and is not precedent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.
-2-
AFFIRMED.