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U.S. v. CERVANTES-NAVA

No. 01-50200.

281 F.3d 501 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto CERVANTES-NAVA, a/k/a Roberto Nava Cervantes, a/k/a Roberto Cervantes-Nova, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 2002.

Attorney(s) appearing for the Case

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

Donna F. Coltharp (argued), San Antonio, TX, for Defendant-Appellant.

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The district court found Roberto Cervantes-Nava guilty of illegally re-entering the United States in violation of 8 U.S.C. § 1326 and imposed an increase of sixteen in his base offense level for a driving while intoxicated ("DWI") conviction. Because, in this criminal case, the federal courts cannot alter the derivative citizenship requirements of the Immigration and Nationality Act ("INA") to grant Cervantes-Nava citizenship, we...

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