United States v. Garcia-Segura

* 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this opinion should not be published and is not precedent except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. 99-41209
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLEMENTE GARCIA-SEGURA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-195-1
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August 22, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Clemente Garcia-Segura appeals from his conviction following
a bench trial for illegal reentry following deportation in
violation of 8 U.S.C. § 1326. Garcia-Segura argues that the
district court erred in denying his motion to suppress and to
dismiss the indictment, in which he argued that his prior
deportation proceedings violated his right to due process. He
concedes that the only issue raised in this appeal is foreclosed
by our decision in United States v. Benitez-Villafuerte, 186 F.3d
651, 656-60 (5th Cir. 1999), cert. denied, 120 S. Ct. 838 (2000),

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No. 99-41209
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but raises his contention solely to preserve it for review by the
United States Supreme Court. The decision of the district court
is AFFIRMED.

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