IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40660
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FERNANDO MORENO-RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-97-CR-101-1
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Fernando Moreno-Rodriguez appeals from his sentence for
illegal reentry into the United States after his deportation in
violation of 8 U.S.C. § 1326.
Moreno-Rodriguez argues that although he was charged with
illegal reentry under § 1326(a) and § 1326(b)(2), he should not
have been sentenced under § 1326(b)(2) because the indictment
failed to allege that he had a prior aggravated felony
conviction. His argument is foreclosed by the U.S. Supreme
Court’s opinion in Almendarez-Torres v. United States, __ U.S.
*
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that this opinion should not be published and is not precedent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. 97-40660
-2-
__, 1998 WL 126904, at *3, *8 (U.S. Mar. 24, 1998).
AFFIRMED.