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UNITED STATES v. DE LA CRUZ-SEPULVEDA

No. 80-2028.

656 F.2d 1129 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Lino Lorenzo DE LA CRUZ-SEPULVEDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

September 21, 1981.

Attorney(s) appearing for the Case

Victor R. Arditti, El Paso, Tex., for defendant-appellant.

LeRoy M. Jahn, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CHARLES CLARK, TATE and SAM D. JOHNSON, Circuit Judges.

TATE, Circuit Judge:

The defendant, Lino Lorenzo De La Cruz-Sepulveda, appeals from his conviction for being unlawfully in the United States after having been deported, Section 276 of the Immigration and Nationality Act, 8 U.S.C. § 1326. On appeal, De La Cruz contends, inter alia, that the district court erred in denying De La Cruz's motion to dismiss, because the original deportation order was improperly based upon a criminal conviction that was not final. We...

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