United States v. Almendarez-Torres ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10254
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HUGO ROMAN ALMENDAREZ-TORRES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-124-A
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August 22, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Hugo Roman Almendarez-Torres appeals his judgment of
conviction and sentence after pleading guilty to reentry after
deportation in violation of 8 U.S.C. § 1326. He argues that he
was charged with and pleaded guilty to § 1326(a), simple reentry,
but that he was sentenced as if he had pleaded guilty to reentry
following a conviction for an aggravated felony for purposes of
§ 1326(b)(2). His argument is foreclosed by this court's opinion
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-10254
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in United States v. Vasquez-Olvera, 999 F.2d 943 (5th Cir. 1993),
cert. denied, 510 U.S. 1076 (1994).
AFFIRMED.