United States v. Garcia-De Loera

* 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that this opinion should not be published and is not precedent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. 00-40968
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RITO GARCIA-DE LOERA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-414-1
--------------------
August 23, 2001
Before KING, Chief Judge, POLITZ, and PARKER, Circuit Judges.
PER CURIAM:*
Rito Garcia-De Loera appeals his guilty–plea conviction for
being found in the United States after deportation, a violation
of 8 U.S.C. § 1326. He argues that his indictment was defective
under the Fifth and Sixth Amendments because it did not allege
general intent. He does not reassert his argument that the
indictment is defective because it does not allege specific
intent, and therefore that argument is deemed abandoned. See
Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

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No. 00-40968
-2-
Garcia’s indictment “fairly conveyed that [his] presence was
a voluntary act" and satisfied the constitutional requirements of
a valid indictment. See United States v. Berrios-Centeno, ___
F.3d ___, 2001 WL 435494, *4 (5th Cir. 2001). The judgment of
the district court is AFFIRMED.

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