IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40067
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS SAN MIGUEL-CRUZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-96-CR-236-1
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October 23, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Jesus San Miguel-Cruz appeals his guilty-plea conviction and
sentence for reentry after deportation in violation of 8 U.S.C.
§ 1326(b)(2). He argues that he was charged with and pleaded
guilty to simple reentry under § 1326(a) but that he was
sentenced as if he had pleaded guilty to reentry following a
felony conviction pursuant to § 1326(b)(2). His argument is
foreclosed by this court’s opinion in United States v. Vasquez-
Olvera, 999 F.2d 943, 946-47 (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that this opinion should not be published and is not precedent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.
-2-
AFFIRMED.