United States v. Iraheta-Barrera

* 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that this opinion should not be published and is not precedent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. 01-41103
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MERCEDES ANTONIO IRAHETA-BARRERA,
also known as Mario Diaz-Hernandez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-313-1
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Mercedes Antonio Iraheta-Barrera (“Iraheta”) appeals from
his conviction of having been found in the United States after
having been deported, a violation of 8 U.S.C. § 1326.
For the first time on appeal, Iraheta contends that the
magistrate judge was without jurisdiction or authority to conduct
his guilty-plea hearing because the district court had not yet
formally referred the case to the magistrate judge. By failing

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No. 01-41103
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to object in the district court to the magistrate judge’s
exercise of authority, Iraheta waived his right to challenge
this procedural defect in his plea proceeding. United States
v. Bolivar-Munoz, 313 F.3d 253, 256-57 (5th Cir. 2002).
AFFIRMED.

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