UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

No. 98-4070

DIMAS ALFREDO REYES-GUTIERREZ,

a/k/a Alfredo Victor Colon-Santos,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Virginia, at Alexandria.

T. S. Ellis, III, District Judge.

(CR-97-351)

Submitted: October 6, 1998

Decided: October 29, 1998

Before ERVIN, WILKINS, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Joseph J. McCarthy, DELANEY, MCCARTHY, COLTON &

BOTZIN, P.C., Alexandria, Virginia, for Appellant. Helen F. Fahey,

United States Attorney, Lisa E. Perkins, Special Assistant United

States Attorney, Alexandria, Virginia, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Dimas Alfredo Reyes-Gutierrez appeals his conviction of one

count of illegal entry after deportation in violation of 8 U.S.C.A.

§ 1326(a) (West 1970 & Supp. 1998). We affirm.

Reyes-Gutierrez contends that this court should reverse his conviction because the Immigration and Naturalization Service bond issued

to him on December 11, 1996, after he illegally re-entered the United

States following his second deportation in July 1994, constitutes the

express consent of the Attorney General to his presence in the United

States and bars his prosecution under 8 U.S.C.A.§ 1326(a). This contention is without merit.

A previously deported alien such as Reyes-Gutierrez who re-enters

the United States is criminally liable under 8 U.S.C.A. § 1326(a)

unless: (1) prior to his reembarkation at a place outside the United

States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's

reapplying for admission; or (2) with respect to an alien previously

denied admission or removed, unless such alien shall establish that he

was not required to obtain such advance consent under this chapter or

any prior Act. See 8 U.S.C.A. § 1326(a)(2)(A), (a)(2)(B) (West 1970

& Supp. 1998).

Contrary to Reyes-Gutierrez's contention, we find that the plain

language of the statute requires that a deported alien obtain permission from the Attorney General to re-enter prior to re-entry and not

after he has illegally crossed the border. The standard $10,000 bond

issued to Reyes-Gutierrez following a drug conviction and pending

completion of yet another round of deportation proceedings does not

qualify as advance permission by the Attorney General to re-enter the

United States. Moreover, Reyes-Gutierrez has not alleged that he was

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not required to obtain advance consent because of another provision

of immigration law.

Accordingly, we affirm Reyes-Gutierrez's conviction. We dispense

with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

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