IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40405
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO ORDONEZ-MENDOZA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-95-CR-156-1
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February 27, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Francisco Ordonez-Mendoza appeals from his judgment of
conviction and sentence following a conditional guilty plea for
illegal re-entry following deportation, in violation of 8 U.S.C.
§ 1326. He argues that the district court erred in denying his
motion to dismiss the indictment. He argues that the enhancement
information was invalid because he was rendered ineffective
*
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that this opinion should not be published and is not precedent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.
No. 96-40405
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assistance of counsel in the conviction used as the basis of the
enhancement information, rendering the conviction invalid.
Counsel was not ineffective. See United States v. Ordonez-
Mendoza, No. 96-40085 (5th Cir. Aug. 21, 1996) (unpublished).
Ordonez also argues that the underlying deportation order
was invalid because the Immigration and Naturalization Service
(INS) violated 8 C.F.R. § 242.2(G) by failing to inform him of
his right to contact the Mexican consulate. We have reviewed the
record and find no reversible error. We affirm the order denying
Ordonez’s second motion to dismiss the indictment for essentially
the reasons given by the district court. See United States v.
Ordonez-Mendoza, No. L-95-156 (S.D. Tex. Jan. 16, 1996).
AFFIRMED.