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U.S. v. BARRERA-SAUCEDO

No. 03-20960.

385 F.3d 533 (2004)

UNITED STATES of America, Plaintiff — Appellee v. Daniel BARRERA-SAUCEDO, Defendant — Appellant

United States Court of Appeals, Fifth Circuit.

September 9, 2004.

Attorney(s) appearing for the Case

Jeffery Alan Babcock (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Myers, Fed. Pub. Def., Margaret Christina Ling (argued), Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before BARKSDALE and PICKERING, Circuit Judges, and LYNN, District Judge.

LYNN, District Judge:

Appellant Daniel Barrera-Saucedo appeals the district court's sentence on two grounds. The first ground is that the district court erred in concluding that it had no authority to depart downward for the time Barrera-Saucedo had served in state custody after immigration authorities found him. The second ground is that the "felony" and "aggravated felony" provisions found at 8 U.S.C. § 1326(b)(1)...

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