U.S. v. MENDOZA-GONZALEZ

No. 01-50510.

318 F.3d 663 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Gerardo MENDOZA-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 10, 2003.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell (argued), San Antonio, TX, for Defendant-Appellant.

Before DAVIS, SMITH and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

I. Background

On May 8, 1998, Jose Gerardo Mendoza-Gonzalez ("Mendoza"), the appellant, drove up to a permanent immigration checkpoint along Interstate 10, approximately four miles west of Sierra Blanca, Texas. United States Border Patrol Agent Reynaldo Ramos ("Ramos") was on duty checking the citizenship of the occupants of the vehicles passing through. Three days prior, over twenty illegal aliens had been found inside a truck...

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