U.S. v. TOVIAS-MARROQUIN

No. 99-40881 Summary Calendar.

218 F.3d 455 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus TOVIAS-MARROQUIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 8, 2000.


Attorney(s) appearing for the Case

David Hill Peck, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Edward A. Stapleton, III, Laura Fletcher Leavitt, Houston, TX, for Defendant-Appellant.

Before SMITH, BARKSDALE and PARKER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Jesus Tovias-Marroquin ("Tovias") was convicted of illegal entry after deportation in violation of 8 U.S.C. § 1326(a) and (b). He claims that the crime of which he was convicted cannot stand under the Due Process Clause of the Fourteenth Amendment because it constitutes, as defined in the indictment and the district court's jury instructions, a "status offense." He also argues that the court erred in imposing a fine. Finding no...

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