United States v. Tapia-Rodriguez

* 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this opinion should not be published and is not precedent except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. 00-40122
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERICK RICARDO TAPIA-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-99-CR-286-1
--------------------
August 24, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Erick Ricardo Tapia-Rodriguez (Tapia) appeals his conviction
for illegal reentry after deportation pursuant to 8 U.S.C.
§ 1326. Tapia contends 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. Tapia concedes that the issue raised in this
appeal is foreclosed by our decision in United States v. Benitez-
Villafuerte, 186 F.3d 651 (5th Cir. 1999), cert. denied, 120 S.
Ct. 838 (2000), but raises his contention solely to preserve it

-- 1 of 2 --

No. 00-40122
-2-
for review by the Supreme Court. We affirm the judgment of the
district court.
AFFIRMED.

-- 2 of 2 --