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U.S. v. RIOS-CRUZ

No. 03-40074.

376 F.3d 303 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Emilio RIOS-CRUZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 2004.

Attorney(s) appearing for the Case

Renata Ann Gowie, James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def., Houston, TX, Marissa Perez-Garcia, Laredo, TX, for Defendant-Appellant.

Before DAVIS, BENAVIDES and PRADO, Circuit Judges.

PER CURIAM:

Defendant Emilio Rios-Cruz ("Rios-Cruz") challenges his felony illegal reentry conviction under 8 U.S.C. § 1325(a) on the ground that his plea in the predicate misdemeanor offense of illegal entry is invalid. We conclude that Rios-Cruz was not entitled to counsel to enter a valid plea on the misdemeanor charge and the conviction on that offense is valid.

I.

Rios-Cruz was charged with felony...

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