No. 03-21055. Summary Calendar.

394 F.3d 396 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Humberto GARCIA-MEJIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 2004.

Attorney(s) appearing for the Case

Katherine L. Haden, James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Molly E. Odom, Houston, TX, for Defendant-Appellant.

Before GARWOOD, JOLLY and CLEMENT, Circuit Judges.


Oscar Humberto Garcia-Mejia ("Garcia-Mejia") is a citizen of Mexico. He was deported on July 25, 1997 following his release from state prison on a conviction for burglary of a habitation. He was then "found" in the United States by the federal government on April 13, 2000 while again in prison in Texas for burglary. Upon his release from prison on July 18, 2002, he was taken into custody by immigration officials...

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