U.S. v. Almendarez-Torres, ALMENDAREZ-TORRE
| Decision Date | 22 August 1996 |
| Docket Number | D,No. 96-10254,ALMENDAREZ-TORRE,96-10254 |
| Citation | 113 F.3d 515 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Hugo Romanefendant-Appellant. Conference Calendar. |
| Court | U.S. Court of Appeals — Fifth Circuit |
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; John H. McBryde, Judge.
Before KING, DUHE and DeMOSS, Circuit Judges.
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 in United States v. Vasquez-Olvera, 999 F.2d 943 (5th Cir.1993), cert. denied, 510 U.S. 1076, 114 S.Ct. 889, 127 L.Ed.2d 82 (1994).
AFFIRMED.
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