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U.S. v. MARTINEZ-ROCHA

No. 03-5149.

337 F.3d 566 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso MARTINEZ-ROCHA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 25, 2003.

Attorney(s) appearing for the Case

Firooz T. Namei (argued and briefed), Candace C. Crouse (briefed), McKinney & Namei, Cincinnati, OH, for Appellant.

John Patrick Grant, Assistant United States Attorney (argued and briefed), Charles P. Wisdom, Jr., Asst. U.S. Atty. (briefed), Lexington, KY, for Appellee.

BEFORE: BOGGS and GILMAN, Circuit Judges; MARBLEY, District Judge.

OPINION

GILMAN, Circuit Judge.

A federal grand jury indicted Alfonso Martinez-Rocha in May of 2002 on one count of unlawfully reentering the United States after having been deported. Martinez-Rocha moved to dismiss the indictment on the ground that the prior order of deportation was predicated on the legal error that his 1999 driving-under-the-influence (DUI) conviction was an "aggravated felony." After the district court denied his motion, Martinez-Rocha...

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