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U.S. v. TERAN

No. 96-50037.

98 F.3d 831 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio A. TERAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 21, 1996.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Michael Robert Hardy, Office of the United States Attorney, San Antonio, TX, for plaintiff-appellee.

Philip J. Lynch, Office of the Federal Public Defender, San Antonio, TX, for defendant-appellant.

Before SMITH and PARKER, Circuit Judges, and JUSTICE, District Judge.

PARKER, Circuit Judge:

Antonio A. Teran ("Teran") has brought this appeal of his probation revocation contending that the magistrate judge did not have jurisdiction over the underlying crime for which he was convicted and sentenced to probation. He bases his argument on his characterization of his conviction as being for a felony, as opposed to a misdemeanor. Teran also contends that the original conviction and subsequent...

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