U.S. v. CHAPA-GARZA

Nos. 99-51199, 00-50049, 00-50051, 00-50107 and 00-50239.

243 F.3d 921 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Moises CHAPA-GARZA, also known as Moises Garza, also known as Moises Garza Chapa, also known as Moises G. Chapa, also known as Moises Chapa, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Julian Ricardo Goytia-Campos, also known as Julian Ricardo Goitia-Campos, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alfonso Guadalupe Perez-Velazquez, also known as Erick Lee, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Francisco Javier Saldana-Roldan, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Epifanio Ivarbo-Martell, also known as El Chino, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 1, 2001.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch (argued), San Antonio, TX, for Defendants-Appellants.

Before GOODWIN, GARWOOD and JONES, Circuit Judges.


GARWOOD, Circuit Judge:

Defendants-appellants Moises Chapa-Garza, Julian Ricardo Goytia Campos, Alfonso Guadalupe Perez Velazquez, Francisco Javier Saldana Roldan and Epifanio Ivarbo-Martell appeal their sentences. We VACATE their sentences and REMAND for resentencing.

Facts and Proceedings Below

All five of the defendants-appellants pleaded guilty to unlawfully being in the United States after removal therefrom...

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