U.S. v. Almendarez-Torres

Full title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. HUGO ROMAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 22, 1996

113 F.3d 515 (5th Cir. 1996)

Opinion

No. 96-10254. Conference Calendar.

August 22, 1996.

John Preston Bradford, Assistant U.S. Attorney, Dallas, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Federal Public Defender's Office, Fort Worth, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:95-CR-124-A.

Before KING, DUHE, and DeMOSS, Circuit Judges.

PER CURIAM:[fn1] [fn1] Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

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. §(s) 1326. He argues that he was charged with and pleaded guilty to Section(s) 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 Section(s) 1326(b)(2). His argument is foreclosed by this court's opinion in United States v. Vasquez-Olvera, 999 F.2d 943 (5th Cir. 1993), cert. denied, 510 U.S. 1076 (1994).

AFFIRMED.