IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20110
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR URIBE-GUERRERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-435
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June 19, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Victor Uribe-Guerrero (Uribe) appeals his conviction and
sentence following a guilty plea for illegal reentry into the
United States following deportation in violation of 8 U.S.C.
§ 1326. He argues that his indictment was defective because it
failed to allege specific intent, general intent, or an actus reus.
Uribe’s arguments challenging his indictment are foreclosed by
controlling Fifth Circuit precedent. United States v.
Berrios-Centeno, No. 00-20373, 2001 WL 435494, *2-4 (5th Cir. Apr.
27, 2001) (reviewing de novo challenge to indictment charging
*
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that this opinion should not be published and is not precedent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. 00-20110
-2-
offense under 8 U.S.C. § 1326 and holding indictment’s allegations
of general intent sufficient); United States v. Tovias-Marroquin,
218 F.3d 455, 456-57 (5th Cir.) (holding that 8 U.S.C. § 1326 does
not establish a status offense that improperly punishes defendant
in absence of an actus reus), cert. denied, 121 S. Ct. 670 (2000);
United States v. Trevino-Martinez, 86 F.3d 65, 68-69 (5th Cir.
1996)(holding that 8 U.S.C. § 1326 does not require proof of
specific intent).
Uribe also contends that his three 1990 cocaine convictions
are “related” for purposes of U.S.S.G. § 4A1.2(a)(2) and that the
district court erred in assigning to him nine criminal history
points for the three convictions. The district court did not abuse
its discretion in finding that Uribe’s offenses were not related
for purposes of U.S.S.G. § 4A1.2(a)(2). See Buford v. United
States, 121 S. Ct. 1276, 1276-81 (2001).
Uribe’s conviction and sentence are AFFIRMED.