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U.S. v. NAVA-PEREZ

No. 99-51197.

242 F.3d 277 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe NAVA-PEREZ, also known as Mario Lugo-Rodriguez, also known as Jimmy De La Fuente, also known as Jimmy De La Fuentes, also known as Mario Lugo, also known as Mario R. Lugo, also known as Mario Hugo, also known as Mario Rodriguez, also known as Jimmy DeLaFuente, also known as Mario Lug, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 2001.

Attorney(s) appearing for the Case

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

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

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The sole issue on appeal is whether Felipe Nava-Perez, an alien, is subject to the imposed enhanced penalty, under 8 U.S.C. § 1326(b)(2), for removal "subsequent to a conviction for commission of an aggravated felony", based upon the following: after having been deported (equivalent to being removed), he reentered the United States illegally; was convicted for an aggravated felony; was removed pursuant to the summary...

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