United States v. Rodriguez-Garcia

* 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that this opinion should not be published and is not precedent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. 01-40758
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE DANIEL RODRIGUEZ-GARCIA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-1018-ALL
--------------------
April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Jose Daniel Rodriguez-Garcia (Rodriguez) appeals the 27-
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 that his indictment violates the Fifth and Sixth
Amendments because it does not allege general intent. As
Rodriguez concedes, however, his argument is foreclosed by Fifth
Circuit precedent. See United States v. Guzman-Ocampo, 236 F.3d
233, 237-39 (5th Cir. 2000), cert. denied, 121 S. Ct. 2600

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No. 01-40758
-2-
(2001); see also United States v. Berrios-Centeno, 250 F.3d 294,
297-300 (5th Cir.), cert. denied, 122 S. Ct. 288 (2001). He
raises the argument only to preserve it for Supreme Court review.
The district court’s judgment is AFFIRMED.

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