IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50525
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAGOBERTO TERRAZAS-CHAVEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-96-CR-191
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June 2, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Dagoberto Terrazas-Chavez appeals his guilty-plea conviction
for illegal reentry of the United States after deportation in
violation of 8 U.S.C. § 1326. Terrazas-Chavez argues that his
prior burglary conviction was an element of the offense and
should have been alleged in the indictment. The Supreme Court
has rejected this argument. Almendarez-Torres v. United States,
118 S. Ct. 1219, 1226 (1998).
Terrazas-Chavez argues that the district court abused its
*
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that this opinion should not be published and is not precedent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. 97-50525
-2-
discretion in failing to order sua sponte a hearing to determine
whether he was mentally competent at the time he entered his
guilty plea. We have reviewed the record and have determined
that the district court did not abuse its discretion in failing
to order sua sponte a hearing to retroactively determine
Terrazas-Chavez’s mental competence at the time he entered his
guilty plea. See United States v. Davis, 61 F.3d 291, 303-04
(5th Cir. 1995).
AFFIRMED.