IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20394
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAFAEL RENTERIA-MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CR-284-ALL
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December 10, 1998
Before DAVIS, DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Rafael Renteria-Martinez appeals his sentence after pleading
guilty to reentry by a deported alien. He argues that the
district court violated Fed. R. Crim. P. 32(c) because it did not
make written findings on a disputed factual issue. Because there
was no disputed factual issue, Rule 32 does not apply, and
Renteria’s appeal lacks a factual or legal basis. Accordingly,
the sentence of the district court is AFFIRMED, and the appeal is
DISMISSED as frivolous. See 5TH CIR. R. 42.2
*
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that this opinion should not be published and is not precedent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.