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U.S. v. ORELLANA

No. 04-20094.

405 F.3d 360 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Narciso ORELLANA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 2005.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty. (argued), Houston, TX, for U.S.

Lourdes Rodriguez (argued), Houston, TX, for Orellana.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendant Jose Narciso Orellana appeals the district court's final judgment of conviction sentencing him to eighteen months' imprisonment. Orellana was indicted under 18 U.S.C. § 922(g)(5)(A) for possessing a firearm while being an alien "illegally or unlawfully in the United States." Before trial, Orellana sought dismissal of his indictment on grounds that he was legally present on account of his temporary protected status...

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