United States of America, Plaintiff-appellee, v. Hugo Roman Almendarez-torres, Defendant-appellant, 113 F.3d 515 (5th Cir. 1996)

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US Court of Appeals for the Fifth Circuit - 113 F.3d 515 (5th Cir. 1996)

Conference Calendar.

United States Court of Appeals,Fifth Circuit.

Aug. 22, 1996.

John Preston Bradford, Assistant U.S. Attorney, Dallas, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Federal Public Defender's Office, Fort Worth, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas; John H. McBryde, Judge.

Before KING, DUHE and DeMOSS, Circuit Judges.


Hugo Roman Almendarez-Torres 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, but that he was sentenced as if he had pleaded guilty to reentry following a conviction for an aggravated felony for purposes of § 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, 510 U.S. 1076, 114 S. Ct. 889, 127 L. Ed. 2d 82 (1994).