UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41067

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

REGINO GALLEGOS-DELGADO,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (M-01-CR-280-1) _________________________________________________________________ December 11, 2002

Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Contesting his guilty-plea conviction and sentence for

attempted illegal reentry into the United States, Gallegos-Delgado

maintains: the district court accepted his plea without

determining that he understood the charge against him and there

were insufficient facts to establish his guilt; and one criminal

history point was improperly assessed for a prior theft conviction.

To preserve the issue for possible review by the Supreme Court, he

also challenges the constitutionality of

(b)(2)’s

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. “aggravated felony” provision. Gallegos-Delgado concedes he did

not present any of these issues in district court; they are

reviewed only for “plain error”. E.g., United States v. Vonn,

(2002); United States v. Rodriguez

(5th Cir. 1994).

We have read the briefs and the applicable law, have heard the

arguments of counsel, and have consulted pertinent portions of the

record. There is no plain error.

AFFIRMED

2