United States v. Presas

* 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that this opinion should not be published and is not precedent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. 01-41226
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR HUGO PRESAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-11-1
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Victor Hugo Presas appeals the district court’s judgment
following his conviction for one count of illegal reentry into
the United States, a violation of 8 U.S.C. § 1326. Presas first
argues that the 16 level sentencing enhancement he received
pursuant to U.S.S.G. § 2L1.2(b)(1)(A) violated his due process
rights. He concedes that this argument is foreclosed by United

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No. 01-41226
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States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997), and he
raises the issue only to preserve it for possible further review.
Presas next argues that the U.S.S.G. § 2L1.2 enhancement
violates the rule of lenity. He concedes that this argument is
likewise foreclosed by United States v. Rivera, 265 F.3d 310 (5th
Cir. 2001), cert. denied, 122 S. Ct. 1105 (2002), and he raises
this issue only to preserve it for possible further review.
Because the issues Presas raises are foreclosed by our precedent,
the judgment of the district court is AFFIRMED.

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