United States v. Benavidez-Ramirez ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40749
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID BENAVIDEZ-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-97-CR-116-1
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
David Benavidez-Ramirez appeals his sentence following a
guilty plea for reentry after deportation in violation of
8 U.S.C. § 1326. Benavidez-Ramirez argues that he could not be
sentenced under § 1326(b) because the indictment did not allege
that he had a prior 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).
AFFIRMED.
*
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that this opinion should not be published and is not precedent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.