U.S. v. GUNERA

No. 05-20544.

479 F.3d 373 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur GUNERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 13, 2007.


Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Michael L. Herman, Houston, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.


REAVLEY, Circuit Judge:

Arthur ("Arturo") Gunera appeals his bench trial conviction for illegal presence in the United States on grounds that (1) the indictment was barred by the statute of limitations, (2) the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) are unconstitutional, and (3) his prior state conviction for simple possession of a controlled substance should not have been treated as an aggravated...

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