United States v. Sanchez-Espinosa

* 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that this opinion should not be published and is not precedent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. 01-40562
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FELIX SANCHEZ-ESPINOSA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-16-1
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Felix Sanchez-Espinosa appeals the 77-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.
He argues, for the first time on appeal, that his indictment
violates the Fifth and Sixth Amendments because it does not
allege general intent. As Sanchez concedes, however, his
argument is foreclosed. See United States v. Guzman-Ocampo, 236
F.3d 233, 237-39 (5th Cir. 2000), cert. denied, 121 S. Ct. 2600
(2001); see also United States v. Berrios-Centeno, 250 F.3d 294,

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No. 01-40562
-2-
297 (5th Cir.), cert. denied, 122 S. Ct. 288 (2001). He raises
it only to preserve the issue for Supreme Court review.
The district court’s judgment is AFFIRMED.

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