IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50463
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL ANGEL VARGAS-VILLA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CR-3
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December 10, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Miguel Angel Vargas-Villa appeals his guilty-plea conviction
and sentence for reentry after deportation in violation of 8
U.S.C. § 1326. Vargas-Villa has filed a motion to stay his
appeal pending the Supreme Court’s decision in United States v.
Almendarez-Torres, 113 F.3d 515 (5th Cir. 1996), cert. granted,
117 S. Ct. 1333 (1997). Vargas-Villa’s motion to stay his appeal
is DENIED.
*
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that this opinion should not be published and is not precedent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. 97-50463
-2-
Vargas-Villa argues that he was charged with and pleaded
guilty to simple reentry under § 1326(a) and that he could not be
sentenced under § 1326(b) because the indictment did not allege
that he had a prior aggravated felony conviction. His argument
is foreclosed by this court’s decision in United States v.
Vasquez-Olvera, 999 F.2d 943, 946-47 (5th Cir. 1993).
MOTION DENIED. AFFIRMED.