United States v. Gonzalez-Guerrero

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40970
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUSTAVO GONZALEZ-GUERRERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-334-1
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June 15, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Gustavo Gonzalez-Guerrero (“Gonzalez”) appeals his
conviction for illegal reentry after deportation, pursuant to
8 U.S.C. § 1326. He contends that the district court erred in
denying his motion to suppress the evidence of his prior
deportation, in which he argued that his prior deportation
proceedings violated his right to due process. He also contends
that his sentence should be vacated because the Government did
not allege his prior felony conviction in the indictment.

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No. 00-40970
-2-
Gonzalez concedes that the issues raised in this appeal are
foreclosed by this court’s decision in United States v. Benitez-
Villafuerte, 186 F.3d 651, 657-58 (5th Cir. 1999), cert denied,
528 U.S. 1097 (2000), and the Supreme Court’s decision in
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), and
that he raises the issues solely to preserve them for review by
the Supreme Court. This court affirms the judgment of the
district court.
AFFIRMED.

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