United States v. Carrera-Carrillo ( 2000 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 99-51122
Summary Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE CARRERA-CARRILLO,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(EP-99-CR-769-ALL-DB)
_________________________________________________________________
July 5, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Jorge Carrera-Carrillo appeals his conviction under 8 U.S.C.
§ 1326 for attempted illegal reentry into the United States
following removal. Carrera-Carrillo claims the district court
erred in denying his motion to dismiss, in which he asserted that
his prior removal proceedings violated his right to due process.
He concedes that the only issue raised in this appeal is
foreclosed by our decision in United States v. Benitez-Villafuerte,
186 F.3d 651, 656-60 (5th Cir. 1999), cert. denied, ___ U.S. ___,
120 S. Ct. 838 (2000); and notes the issue is presented in order to
preserve it for possible review by the Supreme Court.
*
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this opinion should not be published and is not precedent except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.
AFFIRMED
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