United States v. Arrellin-Dominguez ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50795
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS ANTONIO ARRELLIN-DOMINGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-95-CR-434-1
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April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Jesus Antonio Arrellin-Dominguez appeals his sentence
following a guilty-plea conviction of illegal reentry into the
United States after his deportation in violation of 8 U.S.C.
§ 1326. Arrellin-Dominguez 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
*
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that this opinion should not be published and is not precedent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. 97-50795
-2-
Court’s decision in Almendarez-Torres v. United States, ___ U.S.
___, 1998 WL 126904, at *3, *8 (U.S. Mar. 24, 1998).
AFFIRMED.