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U.S. v. SERNA-VILLARREAL

No. 02-21008.

352 F.3d 225 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Saul SERNA-VILLARREAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 2, 2003.

Attorney(s) appearing for the Case

Julia Bowen Stern (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow (argued), Houston, TX, for Defendant-Appellant.

Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

E. GRADY JOLLY, Circuit Judge:

Saul Serna-Villarreal, a previously deported Mexican citizen, was convicted of being found in the United States after having re-entered without the permission of the Attorney General in violation of 8 U.S.C. § 1326. This appeal presents issues relating to the government's overlooking Serna's presence in state jails, his reindictment, and dates as to when he was "found" in the United States. Serna contends that (1) the district court...

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