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U.S. v. SIERRA-HERNANDEZ

No. 98-40092.

192 F.3d 501 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Cristino SIERRA-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 8, 1999.

Attorney(s) appearing for the Case

Katherine L. Haden (argued), Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Defender, Renata Ann Gowie, Asst. Fed. Pub. Defender (argued), Houston, TX, for Defendant-Appellant.

Before JONES, DeMOSS and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Cristino Sierra-Hernandez appeals from a guilty plea conditioned on the district court's denial of his motion to dismiss the indictment for loss of testimonial evidence.1 Because the district court properly found that the defendant failed to show that the testimony of the deported witnesses would have been material and favorable, this Court affirms his conviction and sentence.

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