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UNITED STATES of America, Plaintiff-Appellee, v. Hugo Roman ALMENDAREZ-TORRES, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit1996-08-22No. No. 96-10254
113 F.3d 515

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Opinion

majority opinion

PER CURIAM:

Hugo Roman Almendarez-Torres appeals his judgment of conviction and sentence after pleading guilty to reentry after deportation in violation of 8 U.S.C. § 1326. He argues that he was charged with and pleaded guilty to § 1326(a), simple reentry, but that he was sentenced as if he had pleaded guilty to reentry following a conviction for an aggravated felony for purposes of § 1326(b)(2). His argument is foreclosed by this court’s opinion in United States v. Vasquez-Olvera, 999 F.2d 943 (5th Cir.1993), cert. denied, 510 U.S. 1076, 114 S.Ct. 889, 127 L.Ed.2d 82 (1994).

AFFIRMED.