U.S. v. JIMENEZ LOPEZ

No. 88-1422.

873 F.2d 769 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jose JIMENEZ LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1989.


Attorney(s) appearing for the Case

Christine W. Kelso, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., and Judith M. Patterson, Atty., Regional Counsel's Office, I.N.S., Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, WILLIAMS and DUHE, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

In a nonjury trial, Jose Jimenez-Lopez was found guilty of illegal entry into the United States after conviction for an earlier illegal entry. The relevant statute provides that an alien who unlawfully enters the United States shall "for the first commission of any such offenses, be guilty of a misdemeanor ... and for subsequent commission of any such offenses shall be guilty of a felony...." 8 U.S.C. § 1325 (Supp. IV 1986)....

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