United States Court of Appeals
Fifth Circuit
F I L E D
December 1, 2003
In the
Charles R. Fulbruge III
United States Court of Appeals Clerk
for the Fifth Circuit
_______________
m 03-40051
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
NEFTALI CARAPIA-HERNANDEZ,
Defendant-Appellant.
_________________________
Appeal from the United States District Court
for the Southern District of Texas
m L-02-CR-316-ALL
_________________________
Before SMITH, BARKSDALE, and CLEMENT, a felony. We have reviewed the briefs,
Circuit Judges. pertinent portions of the record, and the ap-
plicable authorities and have heard the argu-
PER CURIAM:* ments of counsel. Carapia-Hernandez’s waiv-
er of counsel was knowing and voluntary.
Neftali Carapia-Hernandez claims his prior
uncounseled misdemeanor conviction of illegal Accordingly, we have no need to address
entry cannot be used to enhance his current the other issues presented on appeal. The
illegal entry conviction from a misdemeanor to judgment of conviction and sentence is
AFFIRMED.
*
Pursuant to 5TH CIR. R. 47.5, the court has deter-
mined that this opinion should not be published and is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.