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U.S. v. MOTA-AGUIRRE

No. 98-41136.

186 F.3d 596 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel MOTA-AGUIRRE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 17, 1999.

Attorney(s) appearing for the Case

Michelle S. Englade, Beaumont, TX, for Plaintiff-Appellee.

Frank Warren Henderson, Amy R. Blalock, Tyler, TX, for Defendant-Appellant.

Before JOLLY and SMITH, Circuit Judges, and STAGG, District Judge.

E. GRADY JOLLY, Circuit Judge:

The appellant, Miguel Angel Mota-Aguirre, was sentenced to 87 months of imprisonment for one count of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). He only appeals his sentence. Previously, on October 31, 1983, Mota was issued an "Out-of-Country Conditional Pardon" by the governor of Texas after being convicted in Texas state district court of three separate counts of indecency...

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