U.S. v. MORENO-ARREDONDO

No. 00-50603.

255 F.3d 198 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael MORENO-ARREDONDO, also known as Rafael Moreno, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 19, 2001.


Attorney(s) appearing for the Case

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

M. Carolyn Fuentes (argued), San Antonio, TX, for Defendant-Appellant.

Before DAVIS, WIENER, and STEWART, Circuit Judges.


WIENER, Circuit Judge:

Plaintiff-Appellant Rafael Moreno-Arredondo ("Moreno") was convicted on his plea of guilty to one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326. The government sought and obtained enhancement of Moreno's sentence under § 1326(b)(2) based on pre-deportation convictions in Texas on two counts of committing the aggravated felony of Indecency with a Child. On appeal, Moreno asserts two claims: (1) His...

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