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U.S. v. VILLANUEVA

No. 03-20812.

408 F.3d 193 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar Augusto VILLANUEVA; Dimas Alexander Cortez-Lumas, also known as Carlos Lopez-Perez, also known as Mario, also known as Carlos Lopez-Hernandez; Jose Encarnacion Reyes, also known as Chicho, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 27, 2005.

Attorney(s) appearing for the Case

John Richard Berry, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiffs-Appellees.

John Riley Friesell (argued), Bellaire, TX, for Cesar Augusto Villanueva.

Andrew J. Williams (argued), Law Office of Andrew J. Williams, Humble, TX, for Dimas Alexander Cortez-Lumas.

Charles W. Medlin, Law Office of Charles W. Medlin, Houston, TX, for Jose Encarnacion Reyes.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

We are presented with a case of conspiracy to smuggle undocumented aliens for commercial gain and attempts to aid and abet the smuggling of undocumented aliens to the United States for commercial gain. This appeal requires us to determine for the first time in this circuit whether 8 U.S.C. § 1324(a)(2)(B)(ii) can support a conviction for conduct occurring outside the United States. We hold that...

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