United States v. Rosales-Barraza ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50834
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS JUAN ROSALES-BARRAZA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-97-CR-54-1-H
- - - - - - - - - -
April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Appellant Luis Juan Rosales-Barraza (Rosales) appeals his
conviction and sentence for illegal re-entry following
deportation in violation of 8 U.S.C. § 1326. Rosales argues that
he was sentenced under 8 U.S.C. § 1326(b)(2) for a prior
aggravated felony conviction and since he was charged and pleaded
guilty to the elements of 8 U.S.C. § 1326(a), the Government
should have alleged the prior aggravated felony in the
indictment. His argument is foreclosed by the Supreme Court’s
*
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that this opinion should not be published and is not precedent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. 97-50834
-2-
decision in Almendarez-Torres v. United States, ___ U.S. ___,
1998 WL 126904, at *3, *8 (U.S. Mar. 24, 1998).
AFFIRMED.