United States v. Silva-Jara

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-20846
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL ANGEL SILVA-JARA, a/k/a Angel Gomez,
a/k/a Jose Antonio Gonzalez,
a/k/a Carlos Nieto, a/k/a Wilson Rodriguez,
a/k/a Miguel Angel Rodriguez,
a/k/a Willie Rivera, a/k/a Angel M. Silva,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Southern District of Texas
USDC No. CR-H-96-15-1
_________________________________________________________________
June 26, 1997
Before KING, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Miguel Angel Silva-Jara appeals his sentence for illegal entry
following deportation. Silva-Jara argues that the imposition of an
enhanced sentence under 8 U.S.C. § 1326(b) was plainly erroneous
because the indictment failed to allege and the government failed
to prove that he has a prior conviction for an aggravated felony.
*
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this opinion should not be published and is not precedent except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.
He also argues that his 115-month sentence constitutes cruel and
unusual punishment because it is grossly disproportionate to his
offense. Having reviewed the record and the briefs of the parties,
we AFFIRM. See United States v. Vasquez-Olvera, 999 F.2d 943,
945-47 (5th Cir. 1993); United States v. Prudhome, 13 F.3d 147, 150
(5th Cir. 1994).
A F F I R M E D.
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