United States v. Delerma-Ferretiz

*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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-41041
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEDRO DELERMA-FERRETIZ,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-149-1
_________________________________________
May 31, 2000
Before POLITZ, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Pedro Delerma-Ferretiz appeals his conviction for illegal reentry following
deportation in violation of 8 U.S.C. § 1326. He contends that the indictment is
fundamentally defective because it fails to allege that he had the specific intent to
reenter this country without authorization from the Attorney General. Delerma-Ferretiz
candidly acknowledges that this argument is foreclosed by our decision in United States

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186 F.3d 65 (5th Cir. 1996), cert. denied, 520 U.S. 1105 (1997).
v. Trevino-Martinez,1 but he raises same solely to preserve the issue for review by the
Supreme Court. Accordingly, the decision of the district court is AFFIRMED.

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