IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40306
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER HERNANDEZ-PESINA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-1168-ALL
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Javier Hernandez-Pesina appeals his guilty-plea conviction
and sentence for illegal reentry after deportation. Hernandez
contends that his indictment was insufficient because it failed
to expressly allege general intent and that the district court
erred in applying U.S.S.G. § 2L1.2(b)(1)(A) to increase his
offense level because his pre-deportation state felony conviction
was not an aggravated felony.
Hernandez concedes that his arguments are foreclosed by
circuit precedent but seeks to preserve the issues for Supreme
*
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that this opinion should not be published and is not precedent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. 01-40306
-2-
Court review. The arguments are foreclosed. See United States
v. Berrios-Centeno, 250 F.3d 294, 298-300 (5th Cir.), cert.
denied, 122 S. Ct. 288 (2001); United States v. Hinojosa-Lopez,
130 F.3d 691, 693-94 (5th Cir. 1997). The judgment of the
district court is AFFIRMED.