United States v. Mosquera-Mina

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40861
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS MOSQUERA-MINA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-98-CR-191-1
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June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Luis Mosquera-Mina appeals his guilty-plea conviction for
being an alien previously deported and either attempting to enter
or being present in the United States without the consent of the
Attorney General. He argues for the first time on appeal that
the indictment was constitutionally deficient because it stated
that Mosquera-Mina “attempt,” as opposed to attempted, to reenter
the United States.
Even though the indictment used an incorrect tense of the
*
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that this opinion should not be published and is not precedent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. 98-40861
-2-
verb attempt, the indictment specified the date of the alleged
offense. The indictment was sufficiently clear, and the
technical error did not render the indictment constitutionally
deficient. See United States v. Newsom, 483 F.2d 439, 440 (5th
Cir. 1974); United States v. Varkonyi, 645 F.2d 453, 456 (5th
Cir. 1981). Furthermore, Mosquera-Mina does not challenge the
indictment’s allegation that he was found in the United States
without the consent of the Attorney General after having been
previously deported, and his conviction may be affirmed based
upon his plea of guilty to that allegation in the indictment.
See United States v. Harvard, 103 F.3d 412, 420 (5th Cir. 1997).
AFFIRMED.