United States v. Cruz ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20493
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ANTONIO CRUZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-665-1
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February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Juan Antonio Cruz (“Cruz”) appeals his conviction for
illegal reentry after deportation, pursuant to 8 U.S.C. § 1326.
He contends that the district court erred in denying his motion
to suppress the evidence of his prior deportation, in which he
argued that his prior deportation proceedings violated his right
to due process. He also contends that his sentence should be
vacated because the Government did not allege his prior felony
conviction in the indictment.
*
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that this opinion should not be published and is not precedent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.
No. 00-20493
-2-
Cruz concedes that the issues raised in this appeal are
foreclosed by this court’s decision in United States v. Benitez-
Villafuerte, 186 F.3d 651, 657-58 (5th Cir. 1999), cert. denied,
120 S. Ct. 838 (2000), and the Supreme Court’s decision in
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), and
that he raises the issues solely to preserve them for review by
the Supreme Court. This court affirms the judgment of the
district court.
AFFIRMED.