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that this opinion should not be published and is not precedent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. 99-41207
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE TRINIDAD PATINO-LULE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-223-1
--------------------
August 22, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Jose Trinidad Patino-Lule appeals his conviction for illegal
reentry after deportation pursuant to 8 U.S.C. § 1326(a) and
(b)(2). Patino alleges that his underlying deportation
proceeding violated his Fifth Amendment right to due process.
Patino concedes that his argument is foreclosed by our
decision in United States v. Benitez-Villafuerte, 186 F.3d 651
(5th Cir. 1999), cert. denied, 120 S. Ct. 838 (2000), but that he
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raises it in order to preserve it for Supreme Court review. The
judgment of the district court is AFFIRMED.
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