United States v. Paz-Sevilla

00-40009Court of Appeals for the Fifth CircuitOct 19, 2000

Full text

* 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this opinion should not be published and is not precedent except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. 00-40009
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS EFRAIN PAZ-SEVILLA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-362-1
--------------------
October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Carlos Efrain Paz-Sevilla was convicted for being found in
the United States following deportation in violation of 8 U.S.C.
§ 1326(a). Paz-Sevilla contends that his Fifth Amendment right
to due process was violated during his prior deportation
proceeding. Paz-Sevilla concedes that his arguments are
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
issue for review by the United States Supreme Court. The
judgment is

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No. 00-40009
-2-
AFFIRMED.

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