Filed: Jul. 25, 2001
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 00-41296 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALEJANDRO CRISANTE-SALAZAR, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas (L-00-CR-688-ALL) _ July 24, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Alejandro Crisante-Salazar appeals his guilty–plea conviction and sentence, arising out of his having been found in the Un
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 00-41296 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALEJANDRO CRISANTE-SALAZAR, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas (L-00-CR-688-ALL) _ July 24, 2001 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Alejandro Crisante-Salazar appeals his guilty–plea conviction and sentence, arising out of his having been found in the Uni..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 00-41296
Summary Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRO CRISANTE-SALAZAR,
Defendant-Appellant.
____________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(L-00-CR-688-ALL)
____________________________________________________________
July 24, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Alejandro Crisante-Salazar appeals his guilty–plea conviction
and sentence, arising out of his having been found in the United
States after having been “denied admission, excluded, deported, or
removed” in violation of 8 U.S.C. § 1326.
Crisante contends his indictment was unconstitutionally vague
because it failed to charge him with any mens rea. This contention
was not raised in district court; therefore, it is reviewed under
the standard of “maximum liberality”. United States v. Guzman-
*
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this opinion should not be published and is not precedent except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.
Ocampo,
236 F.3d 233, 236 (5th Cir. 2000), cert. denied, S. Ct.
,
2001 WL 321598 (U.S. 29 June 2001, No. 00-9174). Guzman-
Ocampo deemed sufficient an indictment that contained a charge
nearly identical to that in Crisante’s indictment.
Id. at 239;
see also United States v. Berrios-Centeno,
250 F.3d 294, 299-300
(5th Cir. 2001) (upholding similar indictment under
de novo standard).
Crisante also claims his prior conviction for transporting
aliens did not constitute an “aggravated felony” conviction
warranting a 16-level increase in his base offense level under
U.S.S.G. § 2L1.2(b)(1)(A). As Crisante concedes, this court has
already determined that transporting aliens constitutes an
aggravated felony. See United States v. Monjaras-Castaneda,
190
F.3d 326, 331 (5th Cir. 1999), cert. denied,
528 U.S. 1194 (2000).
Crisante seeks only to preserve the issue for Supreme Court review.
AFFIRMED
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