United States v. Estrada-Olivares

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 30, 2001
• Docket: 01-40097
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40097 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN MIGUEL ESTRADA-OLIVARES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-00-CR-361-1 -------------------- October 29, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Juan Miguel Estrada-Olivares (Estrada) appeals his guilty-

plea conviction for illegal reentry into the United States, in

violation of 8 U.S.C. § 1326. Estrada contends that the district

court erred in ordering his federal sentence to run

consecutively, rather than concurrently, to his undischarged

state sentence. Estrada’s argument is foreclosed by our decision

in United States v. Reyes-Lugo, 238 F.3d 305, 308-09 (5th Cir.),

cert denied, 121 S. Ct. 2232 (2001). Estrada, nevertheless,

seeks to preserve the issue for review by the Supreme Court.

AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.