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U.S. v. FLORES

No. 04-20109.

404 F.3d 320 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Giovanni FLORES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 16, 2005.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty. (argued), Stephen Mark McIntyre, Houston, TX, for Plaintiff-Appellant.

Juan Roberto Fuentes (argued), Houston, TX, for Defendant-Appellee.

Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

KING, Chief Judge:

The government appeals from the district court's pretrial dismissal of an indictment charging Defendant-Appellee Giovanni Flores with violating 18 U.S.C. § 922(g)(5)(A) by being an alien, illegally or unlawfully in the United States, in possession of a firearm. Because the district court erred in concluding that Flores was not illegally or unlawfully in the United States, we REVERSE and REMAND.

I. BACKGROUND

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