United States v. Cadena-Santos ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40563
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUBEN CADENA-SANTOS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-8-1
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Ruben Cadena-Santos appeals his guilty-plea conviction of
being found in the United States after deportation, a violation
of 8 U.S.C. § 1326. He argues that his indictment is deficient
because it does not allege general intent. Cadena acknowledges
that his argument is foreclosed by United States v. Guzman-
Ocampo, 236 F.3d 233 (5th Cir. 2000), cert. denied, 121 S. Ct.
2600 (2001). See also United States v. Berrios-Centeno, 250 F.3d
294, 297 (5th Cir.), cert. denied, 122 S. Ct. 288 (2001). He
*
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that this opinion should not be published and is not precedent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. 01-40563
-2-
raises the issue only to preserve it for review by the Supreme
Court.
The judgment of the district court is AFFIRMED.