United States v. Estrada-Olivares ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40097
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MIGUEL ESTRADA-OLIVARES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-361-1
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October 29, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Juan Miguel Estrada-Olivares (Estrada) appeals his guilty-
plea conviction for illegal reentry into the United States, in
violation of 8 U.S.C. § 1326. Estrada contends that the district
court erred in ordering his federal sentence to run
consecutively, rather than concurrently, to his undischarged
state sentence. Estrada’s argument is foreclosed by our decision
in United States v. Reyes-Lugo, 238 F.3d 305, 308-09 (5th Cir.),
cert denied, 121 S. Ct. 2232 (2001). Estrada, nevertheless,
seeks to preserve the issue for review by the Supreme Court.
AFFIRMED.
*
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that this opinion should not be published and is not precedent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.