v.
Prudhome, 13 F.3d 147, 150 (5th Cir. 1994). A F F I R M E D. -2
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
-2-