United States v. Tarin-Morales

* 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that this opinion should not be published and is not precedent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. 01-50090
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAUL TARIN-MORALES, also known as Antonio Gardea-Tarin,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-00-CR-323-ALL-F
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October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Raul Tarin-Morales appeals from his conviction of illegal
reentry following deportation after having been convicted of an
aggravated felony. Morales contends solely that his indictment
was duplicitous. He concedes that his argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he
raises the issue to preserve it for further review. Morales is
correct; his argument is foreclosed by Almendarez-Torres. See

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No. 01-50090
-2-
United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000), cert.
denied, 121 S. Ct. 1214 (2001)
AFFIRMED. Motion for summary affirmance GRANTED.

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