United States v. Maldonado-Aleman

U.S. Court of Appeals for the Fifth Circuit

United States v. Maldonado-Aleman

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-51085 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FEDERICO MALDONADO-ALEMAN, also known as Federico Maldonado-Alleman,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. MO-95-CR-52-1 -------------------- October 9, 2002

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Federico Maldonado-Aleman appeals the revocation of his

supervised release imposed for a prior violation of

8 U.S.C. § 1326

for illegal entry into the United States. Maldonado concedes that

he violated the terms of his supervised release by reentering the

country illegally. He argues for the first time on appeal that

either his prior illegal-reentry conviction or his prior removal

was invalid because he was unable to seek discretionary relief from

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 01-51085 -2-

the Attorney General under Immigration & Naturalization Act §

212(c). INS v. St. Cyr,

533 U.S. 289, 326

(2001).

Because Maldonado makes this argument for the first time on

appeal, we review the district court’s determination for plain

error. United States v. Calverley,

37 F.3d 160, 162-64

(5th Cir.

1994) (en banc). Maldonado has not shown any error, plain or

otherwise, with the district court’s revocation of his supervised

release. See United States v. Lopez-Vasquez,

227 F.3d 476, 483

(5th Cir. 2000); United States v. Vasquez,

216 F.3d 456, 459

(5th

Cir.), cert. denied,

531 U.S. 972

(2000).

The district court’s revocation of petitioner’s supervised

release is AFFIRMED.

Reference

Status
Unpublished