United States v. Valle-Gonzalez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-41030 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO VALLE-GONZALEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-99-CR-176-1 -------------------- June 13, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges PER CURIAM:* Pedro Valle-Gonzalez appeals his conviction of unlawfully attempting to reenter the United States after having been deported, in violation of 8 U.S.C. § 1326. He argues only that the indictment was insufficient because it failed to allege that he specifically intended to enter the United States unlawfully. As Valle-Gonzalez acknowledges, this argument is forestalled by this court’s holding in United States v. Trevino-Martinez, 86 F.3d 65, 69 (5th Cir. 1996). Accordingly, his conviction is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.