U.S. v. LUCIO-LUCIO

No. 03-2025.

347 F.3d 1202 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Trinidad LUCIO-LUCIO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 28, 2003.


Attorney(s) appearing for the Case

Submitted on the briefs:* Stephen P. McCue, Federal Public Defender, Steve Sosa, Assistant Federal Public Defender, and Shari Lynn Allison, Research and Writing Specialist, Las Cruces, NM, for Defendant-Appellant.

David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, McKAY and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

In June of 2002, a border patrol agent apprehended Mr. Trinidad Lucio-Lucio for violating the immigration laws. Mr. Lucio-Lucio had been deported twice previously, most recently on May 10, 2002. He subsequently pled guilty to one count of illegally reentering the United States, in violation of 8 U.S.C. § 1326. Because he had a prior conviction in Texas for driving while intoxicated, which had been charged and sentenced as a felony because...

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