IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40285
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE FRANCISCO ROMERO-CALDERON,
a/k/a Jose Francisco Romero,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-96-CR-286-1
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October 23, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Jose Francisco Romero-Calderon (“Romero”) appeals from his
conviction by guilty plea of reentry following deportation. He
argues, for the first time on appeal, that the aggravated-felony
requirement for sentencing under 8 U.S.C. § 1326(b)(2) makes that
subsection an offense separate from illegal entry after
deportation. Romero cannot demonstrate plain error, see United
*
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that this opinion should not be published and is not precedent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. 97-40285
-2-
States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en
banc), cert. denied, 513 U.S. 1196 (1995); his contention is
foreclosed by our opinion in United States v. Vasquez-Olvera, 999
F.2d 943 (5th Cir. 1993).
AFFIRMED.