U.S. v. GARCIA-PAULIN

No. 09-51106.

627 F.3d 127 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando GARCIA-PAULIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 23, 2010.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Evers Jason Leach (argued), Law Office of E. Jason Leach, Odessa, TX, for Defendant-Appellant.

Before KING, GARWOOD and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Defendant Fernando Garcia-Paulin appeals his conviction for bringing an alien to the United States under 8 U.S.C. § 1324(a)(1)(A)(i) on the ground that the factual basis the government presented to support his guilty plea is insufficient to support a conviction under this statute. We agree and vacate the conviction.

I.

Garcia-Paulin pleaded guilty to Count 1 of the indictment charging him with a violation of 8...

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