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U.S. v. FLORES-PERAZA

No. 94-60653.

58 F.3d 164 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto FLORES-PERAZA, a/k/a Guadalupe Peraza-Gutierrez, a/k/a Jose Zuniga Mendez, a/k/a Roberto Flores, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 3, 1995.

Attorney(s) appearing for the Case

Thomas S. Berg, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Marissa Perez-Garcia, Asst. Federal Public Defender, Houston, TX, for appellant.

Abran Martinez, Paula C. Offenhauser, Kathlyn Snyder, Asst. U.S. Attys., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellee.

Before KING and JONES, Circuit Judges, and LAKE, District Judge.

LAKE, District Judge:

Roberto Flores-Peraza appeals the district court's denial of his motion to dismiss an indictment charging him under 8 U.S.C. § 1326(a) on grounds of double jeopardy because of his previous conviction under 8 U.S.C. § 1325(a). We AFFIRM.

I.

Roberto Flores-Peraza (Flores), a citizen of El Salvador, entered the United States at Hidalgo, Texas, on May 28, 1994, by wading across...

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