IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 19, 2008
No. 08-40108
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANGEL REYES-FIGUEROA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:07-CR-614-ALL
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Angel Reyes-Figueroa (Reyes) pleaded guilty to unlawfully attempting to
enter the United States after deportation. On appeal, Reyes challenges the
district court’s characterization of his prior Texas conviction of unauthorized use
of a motor vehicle as an aggravated felony. Reyes concedes that this issue is
foreclosed, but he nevertheless seeks to preserve it for Supreme Court review in
light of the Supreme Court’s decision in Leocal v. Ashcroft, 543 U.S. 1 (2004). As
*
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should not be published and is not precedent except under the limited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. 08-40108
Reyes concedes, this issue is foreclosed. See Brieva-Perez v. Gonzales, 482 F.3d
356 (5th Cir. 2007); United States v. Galvan-Rodriguez, 169 F.3d 217 (5th Cir.
1999). Accordingly, Reyes’s motion for summary disposition is GRANTED and
the district court’s judgment is AFFIRMED.
2