U.S. v. HINOJOSA-LOPEZ

No. 97-40183.

130 F.3d 691 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Lauro HINOJOSA-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 4, 1997.


Attorney(s) appearing for the Case

James Lee Turner, Paula Camille Offenhauser, Assistant U.S. Atty., Katherine L. Haden, Houston, TX, for Plaintiff-Appellee.

Jose E. Chapa, Jr., Roberto J. Yzaguirre, Yzaguirre & Chapa, McAllen, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, KING and BENAVIDES, Circuit Judges.


KING, Circuit Judge:

Defendant-appellant Luis Lauro Hinojosa-Lopez appeals the sentence imposed upon him by the district court after he pled guilty to a one-count indictment charging him with unlawful presence in the United States following deportation. He claims that the district court incorrectly added sixteen points to his offense level on the basis of his prior state felony conviction for possession of marijuana. He also argues that the government failed to prove...

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