IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10254 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HUGO ROMAN ALMENDAREZ-TORRES,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-124-A - - - - - - - - - - August 22, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

Hugo Roman Almendarez-Torres appeals his judgment of

conviction and sentence after pleading guilty to reentry after

deportation in violation of

. 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

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10254 - 2 -

in United States v. Vasquez-Olvera,

(5th Cir. 1993),

cert. denied,

(1994).

AFFIRMED.