United States v. Hernandez-Mendoza

* 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that this opinion should not be published and is not precedent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. 01-20207
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REYNALDO HERNANDEZ-MENDOZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-747-ALL
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Reynaldo Hernandez-Mendoza appeals the 70-month sentence
imposed following his plea of guilty to a charge of being found
in the United States after deportation, a violation of 8 U.S.C.
§ 1326. Hernandez-Mendoza contends that his indictment violated
the Fifth and Sixth Amendments because it lacked an allegation
that he acted with general intent. In United States v. Berrios-
Centeno, 250 F.3d 294, 296 (5th Cir.), cert. denied, ___ S. Ct.
___ (U.S. Oct. 1, 2001) (No. 01-5535), the court examined
language substantially identical to the language in Hernandez-

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No. 01-20207
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Mendoza’s indictment and held it sufficient to allege a general
intent to reenter. Hernandez-Mendoza acknowledges that his
argument is foreclosed by this court’s precedent in United States
v. Guzman-Ocampo, 236 F.3d 233, 236 (5th Cir. 2000), cert.
denied, 121 S. Ct. 2600 (2001), and Berrios-Centeno, and seeks
only to preserve the issue for review by the Supreme Court.
AFFIRMED.

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