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U.S. v. CARDENAS-ALVAREZ

No. 92-8311. Summary Calendar.

987 F.2d 1129 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Refugio Alberto CARDENAS-ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 1993.

Attorney(s) appearing for the Case

Bertha A. Zuniga, El Paso, TX (court-appointed), for defendant-appellant.

Richard L. Durbin, Jr., Joseph H. Gay, Jr., Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

BACKGROUND

Refugio Alberto Cardenas-Alvarez (Cardenas) was charged with attempting to illegally re-enter the United States after having been deported as a result of a conviction for unlawful distribution, manufacture, dispensation, sales, and possession of cocaine. The Government attached a notice of enhanced penalty to the indictment which informed Cardenas that upon conviction, a harsher sentence would be requested pursuant to 8...

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