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U.S. v. MENDOZA-MATA

No. 01-51147.

322 F.3d 829 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Alberto MENDOZA-MATA, a/k/a Mario Alberto Mendoza, a/k/a Mario Mendoza, a/k/a Mario A. Mendoza, a/k/a Mario Mendoza-Mata, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 20, 2003.

Attorney(s) appearing for the Case

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

M. Carolyn Fuentes, Lucien B. Campbell, Federal Public Defender, San Antonio, TX, for Defendant-Appellant.

Before WIENER and STEWART, Circuit Judges, and RESTANI, Judge.

CARL E. STEWART, Circuit Judge:

Mario Mendoza-Mata ("Mendoza-Mata") appeals from the denial of his motion to withdraw his guilty plea and to dismiss the indictment entered against him for illegal reentry into the United States in violation of 8 U.S.C. § 1326. For the following reasons we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Mendoza-Mata is a citizen of Mexico who obtained permanent resident status in the United States in 1992. In 1994,...

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