United States v. Velasquez-Rubio

* 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that this opinion should not be published and is not precedent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. 01-40929
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GILBERTO VELASQUEZ-RUBIO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-288-ALL
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Gilberto Velasquez-Rubio appeals his illegal reentry
conviction, a violation of 8 U.S.C. § 1326(a). He argues that
his indictment was insufficient because it did not allege that he
possessed the necessary mens rea, general intent, and therefore
it failed to charge the offense of illegal reentry.
Velasquez did not object to the indictment’s sufficiency in
the district court; therefore, the sufficiency issue is subject
to review under the standard of “maximum liberality.” United
States v. Guzman-Ocampo, 236 F.3d 233, 236 & n.1 (5th Cir. 2000)

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No. 01-40929
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(citation omitted), cert. denied, 121 S. Ct. 2600 (2001). We
hold, and Velasquez concedes, that this issue is foreclosed by
Guzman-Ocampo, which held under near identical circumstances that
the indictment was sufficient despite its failure to allege that
the defendant possessed any general intent. Id. at 239.
Velasquez seeks to preserve the issue for possible Supreme Court
review. We are bound by this court’s precedent absent an
intervening Supreme Court decision or a subsequent en banc
decision. See United States v. Short, 181 F.3d 620, 624 (5th
Cir. 1999).
AFFIRMED.

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