United States v. Pineda-Calderon

* 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that this opinion should not be published and is not precedent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. 01-40908
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO PINEDA-CALDERON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-111-ALL
--------------------
April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Ricardo Pineda-Calderon (“Pineda”) appeals his guilty-plea
conviction for illegally reentering the U.S. after having been
deported following an aggravated felony conviction, in 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 Pineda concedes, however, his argument is foreclosed
by Fifth Circuit precedent. See United States v. Berrios-

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No. 01-40908
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Centeno, 250 F.3d 294, 297-300 (5th Cir.), cert. denied, 122 S.
Ct. 288 (2001); see also United States v. Guzman-Ocampo, 236 F.3d
233, 237-39 (5th Cir. 2000), cert. denied, 121 S. Ct. 2600
(2001). He raises the argument only to preserve it for Supreme
Court review.
The district court’s judgment is AFFIRMED.

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