United States v. Cavazos-Ledesma

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-41327 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GUSTAVO CAVAZOS-LEDESMA, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. L-97-CR-177-1 - - - - - - - - - - August 20, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Gustavo Cavazos-Ledesma appeals his conviction for illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326. His sole argument is that the factual basis for his guilty plea is insufficient because there was no mention at his rearraignment of an arrest or a warrant of deportation issued prior to the deportation. In 1996, § 1326(a) was amended, and the word “arrested” was removed. See Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) § 308(d)(4)(J)(i)(I), Pub. L. No. 104-208, 110 Stat. 3009. The * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-41327 -2- amendments became effective prior to the offense conduct. See id. at §§ 303(b)(1), 309(a). The argument therefore lacks merit. AFFIRMED.