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U.S. v. CAICEDO-CUERO

No. 02-20751.

312 F.3d 697 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Martin CAICEDO-CUERO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 14, 2002.

Attorney(s) appearing for the Case

Mitchel Neurock (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Marjorie A. Meyers, Asst. Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Jesus Martin Caicedo-Cuero ("Caicedo") appeals his sentence of twenty-one months' imprisonment for illegal reentry into the United States pursuant to 8 U.S.C. § 1326. He presents us with two issues: First, whether the district court erred in determining that his "state jail felony" conviction for simple possession of marijuana constituted a felony for purposes of 8 U.S.C. § 1326(b)(2)'s heightened maximum statutory...

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