United States v. Alvarez-Cano ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20020
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FROYLAN ALVAREZ-CANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-572-1
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Froylan Alvarez-Cano (“Alvarez”) appeals his conviction for
illegal reentry into the United States after deportation
following a conviction for an aggravated felony, a violation of
8 U.S.C. § 1326. He argues that the district court should have
suppressed evidence of his prior administrative deportation
because he was deprived of due process during that 8 U.S.C.
§ 1228 administrative deportation proceeding. He concedes that
his argument is foreclosed by United States v. Benitez-
*
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that this opinion should not be published and is not precedent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. 02-20020
-2-
Villafuerte, 186 F.3d 651 (5th Cir. 1999), but he seeks to
preserve his arguments for possible Supreme Court review.
In Benitez-Villafuerte, this court held that administrative
deportation proceedings under 8 U.S.C. § 1228 comport with due
process and that evidence of such deportation proceedings is
admissible in a subsequent criminal prosecution under 8 U.S.C.
§ 1326. 186 F.3d at 654. Benitez-Villafuerte is binding on this
panel. See United States v. Ruff, 984 F.2d 635, 640 (5th Cir.
1993). Because Alvarez’s appellate arguments are foreclosed by
Benitez-Villafuerte, the judgment of the district court is
AFFIRMED.