U.S. v. ESTRADA-TROCHEZ

No. 94-30663.

66 F.3d 733 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Raul ESTRADA-TROCHEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Order Denying Rehearing November 29, 1995.


Attorney(s) appearing for the Case

Claude J. Kelly, III, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, LA, for appellant.

Richard Westling, Stephen A. Higginson, M. Irene Gonzalez, Asst. U.S. Attys., Eddie J. Jordan, Jr., U.S. Atty., New Orleans, LA, for appellee.

Before REYNALDO G. GARZA, GARWOOD and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

BACKGROUND

Raul Estrada-Trochez was charged with one count of unlawful re-entry into the United States after deportation in violation of 8 U.S.C. § 1326 and two counts of making false statements in violation of 18 U.S.C. § 1546(b)(3). Estrada-Trochez moved to dismiss the unlawful re-entry charge, claiming that the original deportation was accomplished in violation of due process. The district court denied the motion without...

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