United States of America, Plaintiff-appellee, v. Antonio Lopez-delarosa, Defendant-appellant, 39 F.3d 1189 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 39 F.3d 1189 (9th Cir. 1994)

Submitted Oct. 17, 1994. *Decided Oct. 27, 1994


Before: BROWNING, FARRIS and LEAVY, Circuit Judges.


MEMORANDUM** 

Antonio Lopez-Delarosa appeals his conviction for illegal re-entry into the United States after conviction for an aggravated felony, in violation of 8 U.S.C. §§ 1326(a) (1) and (b) (2). He contends that (1) section 1326(a) is void for vagueness, (2) section 1326(a) impermissibly punishes an alien for his status, and (3) the indictment failed to allege that he acted with criminal intent. We rejected the identical arguments in United States v. Ayala, No. 93-50771, slip op. at 10760-10764 (9th Cir. September 9, 1994). Accordingly, Lopez-Delarosa's conviction is

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3