United States v. Chacon-DeLeon

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50645 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HUGO DANIEL CHACON-DELEON, also known as Julio Cesar Estrada, also known as Hugo Chacon DeLeonrraga, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. 96-CR-276-ALL - - - - - - - - - - June 17, 1998 Before DAVIS, PARKER, and DENNIS, Circuit Judges. PER CURIAM:* Hugo Daniel Chacon-Deleon argues that his sentence for illegal reentry following deportation pursuant to 8 U.S.C. § 1326(b) violates principles of due process because the indictment did not allege his prior felony conviction as an element of the offense. This argument is precluded by the Supreme Court’s decision in Almendarez-Torres v. United States, 118 S. Ct. 1219 (1998). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.