IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41213
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADAN HERNANDEZ-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-613-ALL-S
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June 22, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Adan Hernandez-Garcia appeals his conviction and sentence
following his plea of guilty to one count of illegal reentry into
the United States. Hernandez-Garcia first argues that his
indictment was constitutionally deficient for failure to allege
general intent. This argument is foreclosed by United States v.
Guzman-Ocampo, 236 F.3d 233, 237-39 (5th Cir. 2000), petition for
cert. filed, (U.S. March 21, 2001)(No. 00-9174).
Hernandez-Garcia next raises several arguments related to
whether the district court erred in enhancing his offense level by
*
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that this opinion should not be published and is not precedent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. 00-41213
-2-
16 levels based on U.S.S.G. § 2L1.2(b)(1)(A). As Hernandez-Garcia
concedes, this issue has already been decided adversely to him.
See United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997).
To the extent that Hernandez-Garcia raises arguments that are
slightly different from those addressed in Hinojosa-Lopez, these
arguments are unavailing. Hernandez-Garcia has not shown that his
indictment was defective or that the district court erred in
sentencing him. Accordingly, Hernandez-Garcia’s conviction and
sentence are AFFIRMED.