United States v. Lucero-Sandoval

* 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that this opinion should not be published and is not precedent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. 99-51041
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALVARO LUCERO-SANDOVAL, also known
as Felipe Lozano-Alaniz, also known
as Ramon Rodriguez-Sandoval,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CR-510-DB
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June 13, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Alvaro Lucero-Sandoval appeals from his conviction for
illegal reentry following deportation in violation of 8 U.S.C.
§ 1326. Lucero-Sandoval moved to dismiss the indictment on the
ground that his prior removal proceedings violated principles of
due process. The district court denied the motion to dismiss on
the basis that Lucero-Sandoval had not demonstrated that he was
prejudiced by the alleged defects in the prior removal
proceedings. Lucero-Sandoval argues that the district court

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No. 99-51041
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erred in holding that he was required to establish prejudice, but
he concedes that this argument 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). The decision of
the district court is AFFIRMED.

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