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U.S. v. OLAN-NAVARRO

No. 01-5309.

350 F.3d 551 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Juan OLAN-NAVARRO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2003.

Petition for Rehearing Denied: March 10, 2004.

Attorney(s) appearing for the Case

ARGUED: Chad A. Readler (argued and briefed), Jones Day, Columbus, Ohio, for Appellant.

Joseph C. Wyderko (argued and briefed), United States Department of Justice, Criminal Division, Appellate Section, Washington, D.C., for Appellee.

ON BRIEF: Chad A. Readler, Jones Day, Columbus, Ohio, for Appellant.

Joseph C. Wyderko, United States Department of Justice, Criminal Division, Appellate Section, Washington, D.C., Tracy L. Berry, Assistant United States Attorney (briefed), U.S. Attorney's Office, Memphis, Tennessee, for Appellee.

Before: SUHRHEINRICH, COLE and ROGERS, Circuit Judges.

Petition for Rehearing Denied En Banc: March 10, 2004.

Pursuant to Sixth Circuit Rule 206

ROGERS, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. COLE, J. (p. 555), delivered a separate concurring opinion.

OPINION

ROGERS, Circuit Judge.

On November 27, 2000, Juan Olan-Navarro pleaded guilty to illegally reentering the United States after having been deported in violation of 8 U.S.C. § 1326. The district...

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