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U.S. v. DELGADO-NUNEZ

No. 01-50438.

295 F.3d 494 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio Luis DELGADO-NUÑEZ, a.k.a. Sergio Luis Delgado, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 2002.

Attorney(s) appearing for the Case

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

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

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I.

Sergio Luis Delgado-Nuñez ("Delgado"), then a permanent resident of the United States, was deported in 1994 following a felony drug conviction. In 1997, he illegally reentered the United States using his old green card. After having been arrested for an unrelated offense, he was found by an INS agent in Big Spring, Texas, in September 1997. Big Spring is in the Northern District...

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