IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40337 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

LORENZO PEREZ-DE ANGEL,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-98-CR-788-1 -------------------- January 4, 2000

Before DAVIS, DUHÉ and DeMOSS, Circuit Judges.

PER CURIAM:1

Defendant-Appellant Lorenzo Perez-De Angel (Perez) appeals his

guilty-plea conviction for illegal reentry after deportation

pursuant to

(a) and (b)(2). Perez alleges his

underlying deportation proceeding violated his Fifth Amendment

right to due process.

We have reviewed the record and the briefs of the parties.

Based upon United States v. Benitez-Villafuerte,

(5th

Cir. 1999), a decision which stands on all fours with this case, we

conclude that Perez’s original deportation proceeding did not

violate due process. Further, Perez has failed to show that he was

prejudiced by any of the alleged deficiencies in the § 1228

proceeding. Id. at 658-59.

AFFIRMED.

1 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.