IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40892
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN JOSE LOPEZ-MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-97-CR-66-1
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February 11, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Juan Jose Lopez-Martinez appeals his guilty-plea sentencing
for reentry after deportation in violation of 8 U.S.C. § 1326(a)
and (b). He argues that he was charged with and pleaded guilty
to simple reentry, § 1326(a), but was sentenced as if he had
pleaded guilty to reentry following an aggravated 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that this opinion should not be published and is not precedent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.
-2-
AFFIRMED.