United States v. Maldonado-Aleman ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51085
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FEDERICO MALDONADO-ALEMAN, also known as Federico
Maldonado-Alleman,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-95-CR-52-1
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October 9, 2002
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Federico Maldonado-Aleman appeals the revocation of his
supervised release imposed for a prior violation of 8 U.S.C. § 1326
for illegal entry into the United States. Maldonado concedes that
he violated the terms of his supervised release by reentering the
country illegally. He argues for the first time on appeal that
either his prior illegal-reentry conviction or his prior removal
was invalid because he was unable to seek discretionary relief from
*
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that this opinion should not be published and is not precedent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. 01-51085
-2-
the Attorney General under Immigration & Naturalization Act §
212(c). INS v. St. Cyr, 533 U.S. 289, 326 (2001).
Because Maldonado makes this argument for the first time on
appeal, we review the district court’s determination for plain
error. United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir.
1994) (en banc). Maldonado has not shown any error, plain or
otherwise, with the district court’s revocation of his supervised
release. See United States v. Lopez-Vasquez, 227 F.3d 476, 483
(5th Cir. 2000); United States v. Vasquez, 216 F.3d 456, 459 (5th
Cir.), cert. denied, 531 U.S. 972 (2000).
The district court’s revocation of petitioner’s supervised
release is AFFIRMED.