IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-11134
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN GAMEZ-ORTEGA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:95-CR-22
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June 25, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Juan Gamez-Ortega appeals his judgment of conviction and
sentence after pleading guilty to reentry after deportation in
violation of 8 U.S.C. § 1326. He argues that he was charged with
and pleaded guilty to § 1326(a), simple reentry, which is limited
to a maximum sentence of two years, but that he was sentenced as
if he had pleaded guilty to reentry after an aggravated felony,
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-11134
-2-
§ 1326(b)(2). His argument is foreclosed by this court's opinion
in United States v. Vasquez-Olvera, 999 F.2d 943 (5th Cir. 1993),
cert. denied, 114 S. Ct. 889 (1994).
AFFIRMED.