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U.S. v. BANDA-ZAMORA

No. 98-40903.

178 F.3d 728 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Antonio BANDA-ZAMORA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 16, 1999.

Attorney(s) appearing for the Case

James Lee Turner, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Defender, H. Michael Sokolow, Jeffrey L. Wilde, Asst. Fed. Pub. Defender, Houston, TX, for Defendant-Appellant.

Before POLITZ, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal of a sentence turns on whether a prior offense counts as an aggravated felony. The defendant, Juan Antonio Banda-Zamora, had been convicted in Texas of aggravated assault and then deported. Found again in the United States, he was charged with reentry and pleaded guilty. Based on the presentence report's statement that Banda had received a sentence of "10 years probation" for the aggravated assault conviction, the...

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