United States v. Herrera-Ramirez

* 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that this opinion should not be published and is not precedent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. 01-40783
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LUIS HERRERA-RAMIREZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-233-ALL
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jose Luis Herrera-Ramirez appeals the 96-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 contends that his indictment violated the Fifth and
Sixth Amendments because it did not allege general intent.
As Herrera acknowledges, his argument is foreclosed by this
court’s precedent in United States v. Guzman-Ocampo, 236 F.3d
233, 239-300 n.13 (5th Cir. 2000), cert. denied, 121 S. Ct. 2600
(2001), and United States v. Berrios-Centeno, 250 F.3d 294, 299-

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No. 01-40783
-2-
300 & n.4 (5th Cir.), cert. denied, 122 S. Ct. 288 (2001),
wherein we examined language substantially similar to the
language in Herrera’s indictment and held that such language
sufficiently alleged a general intent to reenter. Herrera wishes
to preserve the issue for review by the Supreme Court. Because
Herrera’s argument is foreclosed, the district court’s judgment
is
AFFIRMED.

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