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U.S. v. CALDERA-HERRERA

No. 90-8463 Summary Calendar.

930 F.2d 409 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto CALDERA-HERRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 17, 1991.

Attorney(s) appearing for the Case

Robert J. Perez, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Gregory S. Rogers, Asst. U.S. Attys., Robert F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JOHNSON, SMITH, and WIENER, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The defendant, Gilberto Caldera-Herrera (Caldera), asserts in his petition for rehearing that we have misconstrued the statutes under which he was convicted. We conclude that our opinion and holding are in error. Accordingly, we withdraw the opinion and substitute the following:

Defendant Gilberto Caldera-Herrera (Caldera) appeals his conviction on four counts of unlawful departure from a designated customs facility...

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