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U.S. v. ALMENDAREZ-TORRES

No. 96-10254 Conference Calendar.

113 F.3d 515 (1996)

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

United States Court of Appeals, Fifth Circuit.

August 22, 1996.

Attorney(s) appearing for the Case

John Preston Bradford, Assistant U.S. Attorney, Dallas, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Federal Public Defender's Office, Fort Worth, TX, for Defendant-Appellant.

Before KING, DUHÉ and DeMOSS, Circuit Judges.

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...

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