Testo completo
* 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that this opinion should not be published and is not precedent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. 99-40693
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ ALBERTO MUNIZ-JUAREZ,
also known as Gerardo Herrera-Perez, Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Jose Alberto Muniz-Juarez appeals his conviction and
sentence for illegal reentry into the United States after
deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). He
argues that the district court should have suppressed his prior
deportation because he was deprived of due process during the
administrative-deportation proceeding accomplished under 8 U.S.C.
§ 1228. He also argues that he need not establish actual
prejudice in order to collaterally attack his prior deporation.
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No. 99-40693
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This court has rejected the arguments made by Muniz-Juarez
in United States v. Benitez-Villafuerte, 186 F.3d 651, 659-60
(5th Cir. 1999), cert. denied, 120 S. Ct. 838 (2000). The
decision of the district court is therefore AFFIRMED.
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