                     UNITED STATES COURT OF APPEALS
                          FOR THE FIFTH CIRCUIT
                            __________________

                                No. 99-51122
                              Summary Calendar
                             __________________

                        UNITED STATES OF AMERICA,

                                                        Plaintiff-Appellee,

                                   versus

                         JORGE CARRERA-CARRILLO,

                                            Defendant-Appellant.
_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                       (EP-99-CR-769-ALL-DB)
_________________________________________________________________
                            July 5, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

      Jorge Carrera-Carrillo appeals his conviction under 8 U.S.C.

§   1326   for   attempted   illegal   reentry   into   the   United   States

following removal.       Carrera-Carrillo claims the district court

erred in denying his motion to dismiss, in which he asserted that

his prior removal proceedings violated his right to due process.

      He concedes that the only issue raised in this appeal is

foreclosed by our decision in United States v. Benitez-Villafuerte,

186 F.3d 651, 656-60 (5th Cir. 1999), cert. denied, ___ U.S. ___,

120 S. Ct. 838 (2000); and notes the issue is presented in order to

preserve it for possible review by the Supreme Court.


      *
      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this opinion should not be published and is not precedent except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.
        AFFIRMED




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