U.S. v. BENITEZ-VILLAFUERTE

No. 98-10730.

186 F.3d 651 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Gabriel BENITEZ-VILLAFUERTE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 1999.


Attorney(s) appearing for the Case

Dianne Kathryn Jones, Dallas, TX, for Plaintiff-Appellant.

Karl Anthony Rupp, Dallas, TX, for Defendant-Appellee.

Before REAVLEY, JOLLY and EMILIO M. GARZA, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

On July 2, 1997, Gabriel Benitez-Villafuerte ("Benitez") was deported from the United States under the expedited removal procedure set forth in 8 U.S.C. § 1228. Soon thereafter, he illegally reentered. This appeal arises out of the government's criminal prosecution of Benitez under 8 U.S.C. § 1326(a) and (b)(2) for that illegal reentry. In this prosecution, the government has the burden to prove that Benitez had been previously...

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