U.S. v. HERNANDEZ

No. 01-20849. Summary Calendar.

291 F.3d 313 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto HERNANDEZ, Also Known as Armando Salicedo Hernandez, Also Known as Alberto Saucedo Hernandez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 9, 2002.


Attorney(s) appearing for the Case

Katherine L. Haden and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Raquel Kathy Wilson, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

I.

Alberto Hernandez, a citizen of Mexico, was deported from the United States in 1998. In 2000, INS agents found him in Houston, Texas, after he had returned to the United States to try to renew his resident alien status. Hernandez was charged with, and pleaded guilty of, illegal re-entry into the United States.

On the first day of sentencing, the district court determined...

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