IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40903
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANGEL RENTERIA-GALAVIZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-97-CR-104-1
- - - - - - - - - -
February 12, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Jose Angel Renteria-Galaviz appeals his guilty-plea conviction
and sentence for reentry after deportation in violation of 8 U.S.C.
§ 1326. Renteria-Galaviz 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) because the indictment did
not allege that he had a prior aggravated felony conviction. His
argument is foreclosed by this court’s decision 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this opinion should not be published and is not precedent except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.