United States v. Rico-Rico

* 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this opinion should not be published and is not precedent except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. 99-40921
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADOLFO RICO-RICO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(99-CR-120-1)
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January 24, 2000
Before POLITZ, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Adolfo Rico-Rico appeals his conviction
and sentence for illegal reentry into the United States after
deportation, in violation of 8 U.S.C. § 1326(b)(2). He argues that
the district court should not have enhanced his sentence pursuant
to U.S.S.G. § 2L1.2(b)(1)(A) because a predicate to application of
the enhancement was his 1999 administrative deportation, which he
contends was constitutionally invalid. He argues that commingling
of the prosecutorial and adjudicatory functions of the Immigration
and Naturalization Service deprived him of due process during the
administrative deportation proceeding. We rejected that argument

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2
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. 99-7193). The decision of the district court is
therefore
AFFIRMED.

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