IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41015 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALFONSO BARRIENTOS-LOPEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-001-CR-496-ALL -------------------- June 19, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Alfonso Barrientos-Lopez appeals his guilty-plea conviction for illegal reentry into the United States following deportation, in violation of 8 U.S.C. § 1326. He argues that his indictment was defective under the Fifth and Sixth Amendments because it did not allege general intent.

Barrientos concedes that his argument is foreclosed by Fifth Circuit precedent, but he seeks to preserve the issue for Supreme

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41015 -2- Court review. Because the indictment in this case alleged a violation of § 1326, Barrientos’ conviction is AFFIRMED. See United States v. Berrios-Centeno, 250 F.3d 294, 299-300 (5th Cir.), cert. denied, 122 S. Ct. 288 (2001).

AFFIRMED.