IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41055
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELIAS DIEGO ALEJO-ELIZALDE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-455
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Elias Diego Alejo-Elizalde appeals his guilty-plea
conviction for illegal reentry into the United States following
deportation, in violation of 8 U.S.C. § 1326. He argues that his
indictment was defective under the Fifth and Sixth Amendments
because it did not allege general intent.
Alejo-Elizalde concedes that his argument is foreclosed by
Fifth Circuit precedent, but he seeks to preserve the issue for
*
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that this opinion should not be published and is not precedent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. 01-41055
-2-
Supreme Court review. Alejo-Elizalde’s argument is foreclosed.
See United States v. Berrios-Centeno, 250 F.3d 294, 299-300 (5th
Cir.), cert. denied, 122 S. Ct. 288 (2001). The judgment of the
district court is AFFIRMED.