U.S. Court of Appeals for the Fifth Circuit, 1996

United States v. Almendarez-Torres

United States v. Almendarez-Torres
U.S. Court of Appeals for the Fifth Circuit · Decided August 22, 1996 · Demoss, Duhé, King
113 F.3d 515; 1996 U.S. App. LEXIS 41381; 1996 WL 887502 (Federal Reporter, Third Series)

United States v. Almendarez-Torres

Opinion of the Court

PER CURIAM:

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).

AFFIRMED.

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