United States v. Carapia-Hernandez

United States Court of Appeals
Fifth Circuit
F I L E D
December 1, 2003
Charles R. Fulbruge III
Clerk
In the
United States Court of Appeals
for the Fifth Circuit
_______________
m 03-40051
_______________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
NEFTALI CARAPIA-HERNANDEZ,
Defendant-Appellant.
_________________________
Appeal from the United States District Court
for the Southern District of Texas
m L-02-CR-316-ALL
_________________________
Before SMITH, BARKSDALE, and CLEMENT,
Circuit Judges.
PER CURIAM:*
Neftali Carapia-Hernandez claims his prior
uncounseled misdemeanor conviction of illegal
entry cannot be used to enhance his current
illegal entry conviction from a misdemeanor to
a felony. We have reviewed the briefs,
pertinent portions of the record, and the ap-
plicable authorities and have heard the argu-
ments of counsel. Carapia-Hernandez’s waiv-
er of counsel was knowing and voluntary.
Accordingly, we have no need to address
the other issues presented on appeal. The
judgment of conviction and sentence is
AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has deter-
mined that this opinion should not be published and is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.

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