IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40871
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODRIGO CELESTINO-GARCIA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-97-CR-75-1
- - - - - - - - - -
February 11, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Rodrigo Celestino-Garcia appeals his sentence for unlawfully
entering the United States after having been previously deported.
Celestino-Garcia argues that his sentence was improperly enhanced
pursuant to Title 8 U.S.C. § 1326(b) based upon his prior
commission of an aggravated felony, because the charging
indictment did not mention the aggravated felony. His argument
is foreclosed by United States v. Vasquez-Olvera, 999 F.2d 943
(5th Cir. 1993).
AFFIRMED.
*
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that this opinion should not be published and is not precedent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.