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U.S. v. RIASCOS

No. 95-30830, Summary Calendar.

76 F.3d 93 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Hector Cuero RIASCOS, also known as Hector Riascos Cuero, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1996.

Attorney(s) appearing for the Case

Michele Annette Horn, Stephen A. Higginson, Assistant U.S. Attorney, Office of the United States Attorney, New Orleans, LA, for plaintiff-appellee.

Hector Cuero Riascos, Texarkana, TX, pro se.

Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:

Hector Cuero Riascos ("Riascos") appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence.

FACTS AND PROCEEDINGS IN DISTRICT COURT

Pursuant to a plea agreement, Riascos pleaded guilty to being in the United States after having been previously deported in violation of 8 U.S.C. § 1326(b)(2). At sentencing, the district court concluded that Riascos's prior conviction was an "aggravated felony...

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