United States v. Rivera-Ramirez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-41167 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RODRIGO RIVERA-RAMIREZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-00-CR-558-1 -------------------- July 2, 2001 Before REAVLEY, JOLLY and JONES, Circuit Judges. PER CURIAM:* Rodrigo Rivera-Ramirez appeals his guilty–plea conviction for being found in the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b). He argues that his indictment was defective under the Fifth and Sixth Amendments because it did not allege general intent. Rivera-Ramirez’s indictment fairly conveyed that his reentry was a voluntary act and satisfied the constitutional requirements of a valid indictment. See United States v. Berrios-Centeno, ___ F.3d ___, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-41167 -2- 2001 WL 435494, *3-4 (5th Cir. 2001). The judgment of the district court is AFFIRMED.