IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-41199
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIN VASQUEZ-CRUZ, also known as Marin Cruz-Vasquez,
also known as Rene Velasquez-Torres,
also known as Patricio Vasquez-Cruz,
also known as Mariano Adrian Acuna,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-96-CR-194-1
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July 15, 1997
Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
Marin Vasquez-Cruz 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 pursuant to § 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).
*
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this opinion should not be published and is not precedent except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.
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AFFIRMED.