United States v. Midence Figueroa

* 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that this opinion should not be published and is not precedent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. 99-40943
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUILLERMO MIDENCE FIGUEROA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-87-1
--------------------
August 23, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Guillermo Midence-Figueroa (“Midence”) appeals his
conviction following a bench trial for illegal reentry into the
United States, in violation of 8 U.S.C. § 1326(b)(2). Midence
avers that the district court erred in denying his motion to
dismiss the indictment. Reduced to its essence, Midence avers
that this court should require the Government to prove specific
intent under § 1326. He concedes that his argument is foreclosed
by our caselaw, but raises his contention in order to preserve it
for review by the Supreme Court.

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No. 99-40943
-2-
Midence’s contention is foreclosed by our decisions in
United States v. Trevino-Martinez, 86 F.3d 65, 68 (5th Cir. 1996)
and United States v. Ortegon-Uvalde, 179 F.3d 956, 959 (5th
Cir.), cert. denied, 120 S. Ct. 433 (1999). The judgment of the
district court is AFFIRMED.
AFFIRMED.

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