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U.S. v. CABRERA-TERAN

No. 97-41532.

168 F.3d 141 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Joel CABRERA-TERAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 1999.

Attorney(s) appearing for the Case

Jeffery Alan Babcock, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, H. Michael Sokolow, Renata Ann Gowie, Asst. Fed. Pub. Defender, Marissa Perez-Garcia, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Joel Cabrera-Teran ("Cabrera") appeals his conviction of and sentence for illegal reentry into the United States. He contends that the indictment fails to charge an offense and that the district court was not presented with a sufficient factual basis to sentence him on the guilty plea. Finding the indictment defective, we vacate and remand.1

I.

A native of Mexico, Cabrera was deported on...

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