United States v. Amaya-Matamoros

* 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that this opinion should not be published and is not precedent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. 01-20440
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBRI AMAYA-MATAMOROS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-38-ALL
--------------------
December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Albri Amaya-Matamoros appeals his conviction following a
bench trial for illegal reentry after deportation in violation of
8 U.S.C. § 1326(a) & (b)(2). He argues that the district court
erred in denying his motion to suppress his prior deportation and
dismiss his indictment. He argues that the district court should
have suppressed his prior expedited administrative deportation
because it was fundamentally unfair in that he was incorrectly
deported as an aggravated felon. Amaya-Matamoros acknowledges
that his argument is foreclosed by this court’s decision in

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No. 01-20440
-2-
United States v. Hernandez-Avalos, 251 F.3d 505, 507 (5th Cir.),
cert. denied, 122 S. Ct. 305 (2001), but he raises it to preserve
it for possible Supreme Court review.
AFFIRMED.

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