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U.S. v. TREVINO-MARTINEZ

No. 95-40677.

86 F.3d 65 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose TREVIÑO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit

June 7, 1996.

Attorney(s) appearing for the Case

Michael R. Dreeben, U.S. Department of Justice, Washington, DC, Paula Camille Offenhauser, U.S. Attorney's Office, Houston, TX, Alexandra Harding Edsall, U.S. Department of Justice, Solicitor General, Washington, DC, for U.S.

Roland E. Dahlin, II, Federal Public Defender, Margaret Christina Ling, Martha C. Guadiana, Federal Public Defenders, Houston, TX, for Jose Treviño-Martinez.

Before JONES, SMITH and STEWART Circuit Judges.

EDITH H. JONES, Circuit Judge:

Jose Treviño-Martinez ("Treviño") appeals his conviction for illegally reentering the United States. 8 U.S.C. § 1326(b). This court agrees with the majority of courts of appeals that Treviño's crime was not a specific intent offense. Overruling appellant's challenges centered on that point, we affirm the conviction.

BACKGROUND

In 1988, Treviño, a Mexican...

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