IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40126
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS MARTINEZ-DE LA ROSA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-828-ALL
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Luis Martinez-De La Rosa (“Martinez”) appeals from his
guilty-plea conviction for illegal reentry into the United
States. He argues for the first time on appeal that his
indictment was defective for failing to allege general intent.
This court’s decision in United States v. Guzman-Ocampo, 236 F.3d
233, 238-39 (5th Cir. 2000), is dispositive of such argument.
The indictment alleged every statutorily required element of 8
U.S.C. § 1326 and fairly imported that Martinez’s reentry was a
voluntary act in view of the allegations that he had been
*
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that this opinion should not be published and is not precedent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. 00-40126
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deported and removed and that he was present without having
obtained the consent of the Attorney General. Martinez failed to
challenge the indictment or the element of voluntariness in
district court. Consequently, under Guzman-Ocampo, the
indictment was statutorily sufficient.
Martinez also argues that the indictment was defective
because it failed to allege a specific intent element. This
argument is foreclosed by United States v. Trevino-Martinez, 86
F.3d 65, 68-69 (5th Cir. 1996), which Martinez concedes. He
raises this issue to preserve it for possible Supreme Court
review.
Accordingly, the district court’s judgment is AFFIRMED.