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U.S. v. LUCIO

No. 04-20331.

428 F.3d 519 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Gilberto Rubio LUCIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 12, 2005.

Attorney(s) appearing for the Case

Stephen Mark McIntyre (argued), James Lee Turner, Asst. U.S. Atty., Jeffery Alan Babcock, Houston, TX, for U.S.

Juan Roberto Fuentes (argued), Houston, TX, for Lucio.

Before DAVIS, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The difficult question presented in this matter lies at the nexus between criminal and immigration law. The United States appeals from the district court's grant of a judgment of acquittal following a jury's verdict which had found Gilberto Rubio Lucio ("Lucio") guilty of possession of a firearm while illegally or unlawfully present within the United States pursuant to 18 U.S.C. § 922(g)(5)(A). Lucio, an alien, had previously entered...

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