REYES-REQUENA v. U.S.

No. 99-41254.

243 F.3d 893 (2001)

Jose Evaristo REYES-REQUENA, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised April 6, 2001.


Attorney(s) appearing for the Case

Mike J. DeGeurin, Foreman, DeGeurin, Nugent & Gerger, Houston, TX, for Petitioner-Appellant.

William D. Baldwin, Asst. U.S. Atty., Tyler, TX, for Defendant-Appellee.

Before KING, Chief Judge, and PARKER, Circuit Judge, and FURGESON, District Judge.


KING, Chief Judge:

Jose Evaristo Reyes-Requena appeals the dismissal of his 28 U.S.C. § 2241 petition. For the following reasons, we REVERSE and REMAND.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1990, Jose Evaristo Reyes-Requena was convicted in the Southern District of Texas ("Southern District") of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841, and use of a firearm during the commission of a drug-trafficking...

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