United States v. Rivas-Somosa

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-21062 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SALVADOR RIVAS-SOMOSA, also known as Salvador Aspercis Rivas-Somosa, also known as Salvador Sumoza Rivas, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CR-324-1 -------------------- June 16, 2000 Before JOLLY, DAVIS, and DUHÉ, Circuit Judges. PER CURIAM:* Salvador Rivas-Somosa appeals his conviction for unlawfully reentering the United States after having been deported, in violation of 8 U.S.C. § 1326. He argues that the indictment was insufficient because it failed to allege that he specifically intended to enter the United States unlawfully. This argument is foreclosed by our decision in United States v. Trevino-Martinez, 86 F.3d 65, 69 (5th Cir. 1996). AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.