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U.S. v. RIVERA-PEREZ

No. 02-50619. Summary Calendar.

322 F.3d 350 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Agustin RIVERA-PEREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 2003.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, San Antonio, TX, for Plaintiff-Appellee.

Donna F. Coltharp, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, JONES and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Agustin Rivera-Perez appeals the sentence imposed after he pleaded guilty to one count of illegally reentering the United States after having been convicted of a felony and deported.

Rivera contends that his sentence deprived him of due process of law because the indictment did not allege the prior conviction, which he contends is an element of the offense. Rivera concedes that this claim is foreclosed by Almendarez-Torres v. United States,...

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