U.S. v. HERRERA

No. 00-5251.

265 F.3d 349 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier HERRERA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 6, 2001.


Attorney(s) appearing for the Case

Tracy L. Berry (argued and briefed), Assistant United States Attorney, Memphis, TN, for Plaintiff-Appellee.

Ralph A. Sivilla (argued and briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.

Before RYAN and BATCHELDER, Circuit Judges; LAWSON, District Judge.


OPINION

RYAN, Circuit Judge.

The defendant, Francisco Javier Herrera, pled guilty to charges of: (1) illegal entry after previous deportation, in violation of 8 U.S.C. § 1326(a), (b)(2), and (2) illegal alien in possession of a firearm, in violation of 18 U.S.C. § 922(g)(5). He was sentenced to 92 months' imprisonment. Herrera now appeals the pre-guilty-plea decision of the district court, denying his motion to suppress evidence found in his vehicle...

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