United States, et al v. Duran-Guevara

No. 99-20620
-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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20620
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR DURAN-GUEVARA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-69-ALL
- - - - - - - - - -
February 10, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Hector Duran-Guevara appeals his conviction and sentence for
illegal reentry into the United States after deportation, in
violation of 8 U.S.C. § 1326(a) and (b)(2). He argues that the
district court should have suppressed his prior deportation
because commingling of the prosecutorial and adjudicatory
functions of the Immigration and Naturalization Service deprived
him of due process during the administrative deportation
proceeding. This court rejected that argument in United States
v. Benitez-Villafuerte, 186 F.3d 651, 659-60 (5th Cir.), petition
for cert. filed, U.S.L.W. (U.S. Nov. 22, 1999)(No. 99-

-- 1 of 2 --

No. 99-20620
-2-
7193). The decision of the district court is therefore AFFIRMED.

-- 2 of 2 --