               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE FIFTH CIRCUIT

                       _____________________

                            No. 96-20846
                          Summary Calendar
                       _____________________


UNITED STATES OF AMERICA,

                                               Plaintiff-Appellee,

                              versus

MIGUEL ANGEL SILVA-JARA, a/k/a Angel Gomez,
a/k/a Jose Antonio Gonzalez,
a/k/a Carlos Nieto, a/k/a Wilson Rodriguez,
a/k/a Miguel Angel Rodriguez,
a/k/a Willie Rivera, a/k/a Angel M. Silva,

                                               Defendant-Appellant.

_________________________________________________________________

      Appeal from the United States District Court for the
                    Southern District of Texas
                       USDC No. CR-H-96-15-1
_________________________________________________________________
                           June 26, 1997
Before KING, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*

     Miguel Angel Silva-Jara appeals his sentence for illegal entry

following deportation. Silva-Jara argues that the imposition of an

enhanced sentence under 8 U.S.C. § 1326(b) was plainly erroneous

because the indictment failed to allege and the government failed

to prove that he has a prior conviction for an aggravated felony.


     *
      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this opinion should not be published and is not precedent except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.
He also argues that his 115-month sentence constitutes cruel and

unusual punishment because it is grossly disproportionate to his

offense. Having reviewed the record and the briefs of the parties,

we AFFIRM.   See United States v. Vasquez-Olvera, 999 F.2d 943,

945-47 (5th Cir. 1993); United States v. Prudhome, 13 F.3d 147, 150

(5th Cir. 1994).

                                                  A F F I R M E D.




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