United States v. De La Torre

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40609 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICARDO BEDOLLA DE LA TORRE, also known as ENRIQUE URISTA-ALVARADO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. M-97-CR-54-1 - - - - - - - - - - February 11, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. PER CURIAM:* Appellant Ricardo Bedolla De La Torre (Bedolla) appeals his conviction and sentence for illegal re-entry following deportation in violation of 8 U.S.C. § 1326(a). Bedolla argues that he was sentenced under 8 U.S.C. § 1326(b)(2) for a prior aggravated felony conviction and since he was charged and pleaded guilty to 8 U.S.C. § 1326(a), the Government should have alleged the prior aggravated felony in the indictment. His argument is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-40609 -2- foreclosed by this court’s opinion in United States v. Vasquez-Olvera, 999 F.2d 943, 946-47 (5th Cir. 1993). AFFIRMED.