IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40750
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VALENTIN OLVERA-GAMEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-97-CR-82-1
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February 12, 1998
Before: SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Valentin Olvera-Gamez appeals his 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) 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that this opinion should not be published and is not precedent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. 97-50378
-2-
AFFIRMED.