IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50588
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS MIGUEL OCHOA-OCHOA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-96-CR-170
- - - - - - - - - -
December 10, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Jesus Miguel Ochoa-Ochoa appeals his guilty-plea conviction
and sentence for reentry after deportation in violation of 8
U.S.C. § 1326. He 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)(2) because the indictment did not
allege that he had a prior aggravated felony conviction. 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that this opinion should not be published and is not precedent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. 97-50588
-2-
Ochoa’s motion for a stay of 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), is
DENIED.
AFFIRMED.