IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50693
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS ECHEVERRI-RODRIGUEZ, a/k/a
Carlos Enrique Echeverri-Rodriguez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CR-059
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April 30, 1998
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:1
Carlos Echeverri-Rodriguez has appealed his conviction and
sentence for illegally reentering the United States after being
previously deported. Echeverri contends that the evidence
introduced by the Government was insufficient to show that he was
previously deported as alleged in the indictment. The evidence was
sufficient for a reasonable trier of fact to conclude that the
Government had proved the fact of deportation beyond a reasonable
doubt. See Jackson v. Virginia, 443 U.S. 307, 319 (1979).
1
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this opinion should not be published and is not precedent except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.
Echeverri also contends that his 100-month term of imprisonment,
imposed under 8 U.S.C. § 1326(b), violated due process because the
Government failed to allege the prior felony conviction element of
a § 1326(b) offense. This argument is foreclosed by the Supreme
Court’s opinion in Almendarez-Torres v. United States, 118 S. Ct.
1219, ____, 1998 WL 126904, *8 (Mar. 24, 1998). The conviction and
sentence are AFFIRMED.