U.S. v. CALDERON-PENA

No. 02-20331.

339 F.3d 320 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro CALDERON-PENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 2003.


Attorney(s) appearing for the Case

Tony Ray Roberts (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Timothy William Crooks (argued), Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before SMITH and BARKSDALE, Circuit Judges, and DUPLANTIER, District Judge.


JERRY E. SMITH, Circuit Judge:

Pedro Calderon-Pena was convicted of illegal reentry of a removed alien under 8 U.S.C. § 1326. He challenges his conviction, arguing that the underlying indictment was invalid because the prior removal order violated his due process rights. He also challenges his sentence, contending that his prior conviction for endangering a child was not a crime of violence under the sentencing guidelines, or alternatively that the use of the...

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