United States v. Flores-Iglesias

* 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that this opinion should not be published and is not precedent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. 99-41158
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE SAMUEL FLORES-IGLESIAS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-99-1
--------------------
October 19, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Jose Samuel Flores-Iglesias (Flores)
appeals his conviction for illegal reentry after deportation
pursuant to 8 U.S.C. § 1326(a) and (b)(2). Flores alleges his
underlying deportation proceeding violated his Fifth Amendment
right to due process.
Flores concedes that the only issue raised in his appeal is
foreclosed by our opinion in United States v. Benitez-
Villafuerte, 186 F.3d 651, 657-60 (5th Cir. 1999), cert. denied,
120 S. Ct. 838 (2000), but states that he wishes to preserve the

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No. 99-41158
-2-
issue for review by the United States Supreme Court. Benitez-
Villafuerte is binding on the panel considering this appeal. See
United States v. Ruff, 984 F.2d 635, 640 (5th Cir. 1993). We
affirm the judgment of the district court.
AFFIRMED.

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