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U.S. v. HERNANDEZ-AVALOS

No. 00-50186.

251 F.3d 505 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge HERNANDEZ-AVALOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 2001.

Attorney(s) appearing for the Case

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

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

Before JOLLY, MAGILL and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Jorge Hernandez-Avalos ("Hernandez") appeals his conviction for unlawfully reentering the United States after having been removed. See 8 U.S.C. § 1326. Hernandez contends that the unlawful reentry indictment should have been dismissed because the earlier removal proceeding was fundamentally unfair because he was incorrectly removed as an "aggravated felon." He argues that the unfairness stems from the fact that although his...

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