UNITED STATES v. FELIX-JEREZ

No. 81-1121.

667 F.2d 1297 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel FELIX-JEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1982.

Rehearing Denied April 19, 1982.


Attorney(s) appearing for the Case

Bernardo Velasco, Asst. Federal Public Defender, Tucson, Ariz., argued, for defendant-appellant; Frank R. Zapata, Asst. Federal Public Defender, Tucson, Ariz., on brief.

Jon R. Cooper, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before SKELTON and KILKENNY, Senior Judges, and REINHARDT, Circuit Judge.


SKELTON, Senior Judge:

In this case the facts are not in dispute and are generally as follows. Miguel Felix-Jerez (defendant) had been convicted in another proceeding of having entered the United States illegally and was sentenced to ninety days in prison and three years probation for that offense. He was serving his sentence as an inmate of the Federal Prison Camp at Stafford, Arizona, when the events giving rise to the instant case occurred. The record shows that...

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