IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41382
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAMIRO BOLANOS-MORALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-331-1
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ramiro Bolanos-Morales ("Bolanos") appeals from his guilty-
plea conviction and sentence for being an alien unlawfully found
in the United States after deportation, in violation of 8 U.S.C.
§ 1326(a)(2). For the first time on appeal, Bolanos argues that
although he consented to have his guilty plea hearing conducted
by a magistrate judge, his plea and sentence are invalid because
the district court did not refer the case to the magistrate judge
*
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that this opinion should not be published and is not precedent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. 01-41382
-2-
until one day after the plea was taken. He contends that the
error is jurisdictional and was not waived by his guilty plea.
This issue was recently decided in United States v. Bolivar-
Munoz, 313 F.3d 253, 256-57 (5th Cir. 2002), which presented
essentially the same relevant facts and arguments. We held that
the error of which Bolanos now complains was procedural, not
jurisdictional. As in Bolivar-Munoz, the magistrate judge here
issued a report and recommendation to the district court under
28 U.S.C. § 636(b)(3) after Bolanos consented. Because Bolanos
did not object to the magistrate judge's authority to take his
plea, he has waived the right to raise the procedural defect of
the late referral order as a basis of relief. See id. at 257.
AFFIRMED.