U.S. v. REYES-MAYA

No. 01-51107.

305 F.3d 362 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel REYES-MAYA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 2002.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela J. Moore, San Antonio, TX, for Plaintiff-Appellee.

Henry Joseph Bemporad, San Antonio, TX, for Defendant-Appellant.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

Miguel Reyes-Maya appeals his sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a)(b)(2). Reyes-Maya argues that the felony conviction that resulted in his increased sentence was an offense element that the Due Process Clause of the 5th Amendment required be charged in the indictment. Reyes-Maya also argues that the district court erred when it included the prior misdemeanor offense of criminal mischief...

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