U.S. v. HERRERA-SOLORZANO

Nos. 96-50546, 96-50548.

114 F.3d 48 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis HERRERA-SOLORZANO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rigoberto ALTAMIRANA-LOPEZ, also known as Ernesto Ochoa-Lopez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 20, 1997.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, San Antonio, TX, for Jose Luis Herrera-Solorzano, Defendant-Appellant.

M. Carolyn Fuentes, San Antonio, TX, for Rigoberto Altamirana-Lopez aka Ernesto Ochoa-Lopez, Defendant-Appellant.

Before POLITZ, Chief Judge, DeMOSS, Circuit Judge, and JUSTICE, District Judge.


POLITZ, Chief Judge:

Jose Luis Herrera-Solorzano and Rigoberto Altamirana-Lopez appeal their sentences following convictions for illegal reentry into the United States.1 Concluding that the district court erred in sentencing Altamirana and in the imposition of special assessments, we affirm in part and vacate and remand in part.

BACKGROUND

In separate prosecutions Herrera and Altamirana pleaded guilty to the charge of...

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