United States v. Morales-Lopez

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT



                             No. 96-50301
                           Summary Calendar
                         ___________________

           UNITED STATES OF AMERICA,

                                       Plaintiff-Appellee,

           v.

           ROBERTO MORALES-LOPEZ,

                                   Defendant-Appellant.
________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                         (EP-95-CR-607-ALL)
_________________________________________________________________
                          October 21, 1996
Before KING, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

     Roberto Morales-Lopez appeals his sentence for illegal reentry

after deportation, in violation of 8 U.S.C. § 1326.     He argues,

based on his interpretation of 8 U.S.C. § 1101(a)(43), that his

prior conviction for burglary of a vehicle could not be considered

an aggravated felony under 8 U.S.C. § 1326(b)(2) because this

offense was not defined as an aggravated felony when committed,

before the effective date of the 1990 amendments to the immigration

laws.    This issue is foreclosed by United States v. Garcia-Rico, 46

F.3d 8, 9-10 (5th Cir.), cert. denied, 115 S. Ct. 2596 (1995).


     *
        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this opinion should not be published and is not precedent except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.
AFFIRMED.




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