U.S. v. MARTINEZ-ESPINOZA

No. 01-40653.

299 F.3d 414 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Martin MARTINEZ-ESPINOZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 2002.


Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty., Houston, TX, Tony Ray Roberts, McAllen, TX, for Plaintiff-Appellant.

Roland E. Dahlin, II, Fed. Pub. Def., George W. Aristotelidis, Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before SMITH, BENAVIDES and PARKER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Martin Martinez-Espinoza ("Espinoza") appeals, on the basis of a violation of the Speedy Trial Act ("STA"), his conviction of attempted illegal reentry in violation of 8 U.S.C. § 1326. We reverse and remand.

I.

On November 21, 2000, Espinoza approached the border at a bridge and presented immigration officials with a legal resident alien card (form I-551) seeking entry. A check of his record revealed an earlier...

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