IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20285
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERTO GUEVARA-RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-749-ALL
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October 29, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Alberto Guevara-Rodriguez (Guevara) appeals his guilty-plea
conviction for illegal reentry into the United States, in
violation of 8 U.S.C. § 1326. Guevara argues that his indictment
was defective under the Fifth and Sixth Amendments because it did
not allege general intent. He concedes that his argument is
foreclosed by Fifth Circuit precedent, but he seeks to preserve
the issue for review by the Supreme Court. Guevara’s indictment
“fairly conveyed that [his] presence was a voluntary act from the
*
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that this opinion should not be published and is not precedent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. 01-20285
-2-
allegations that he was deported, removed, and subsequently
present without consent of the Attorney General.” See United
States v. Berrios-Centeno, 250 F.3d 294, 299-300 (5th Cir.),
cert. denied, ___ U.S. ___ (U.S. Oct. 1, 2001)(No. 01-5535).
Accordingly, his indictment sufficiently alleged the general
intent required of 8 U.S.C. § 1326 offenses. See id. at 297-300.
AFFIRMED.