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U.S. v. VILLANUEVA-DIAZ

No. 10-50176.

634 F.3d 844 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio VILLANUEVA-DIAZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 1, 2011.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. and Margaret Mary Embry (argued), Asst. U.S. Attys., San Antonio, TX, for U.S.

Javier N. Maldonado (argued), Law Office of Javier N. Maldonado, P.C., Alfonso Otero , Gonzalez & Otero, L.L.C., San Antonio, TX, for Defendant-Appellant.

Before GARZA, STEWART and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Antonio Villanueva-Diaz appeals from his conviction for unlawfully reentering the United States following removal in violation of 8 U.S.C. § 1326. Villanueva-Diaz, formerly a lawful permanent resident alien in the United States, was ordered removed by an immigration judge ("IJ") in October 1998 after his third conviction under Texas state law for driving while intoxicated ("DWI"). The Board of Immigration Appeals ("BIA") affirmed the removal...

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