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U.S. v. ESPARZA

No. 10-20705.

678 F.3d 389 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Isais ESPARZA, also known as Juan Esparza Isais, also known as Juan Isais Esparza, Jr., also known as Juan Isais, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 20, 2012.

Attorney(s) appearing for the Case

John Richard Berry (argued), Renata Ann Gowie , Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Sarrah Beth Landau (argued), H. Michael Sokolow , Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before DeMOSS, CLEMENT and ELROD, Circuit Judges.

DeMOSS, Circuit Judge:

Juan Isais Esparza appeals his conviction for illegal reentry into the United States under 8 U.S.C. § 1326. The sole issue before us is whether the record evidence is sufficient to justify the trial judge's conclusion that Esparza was an alien at the time of his reentry. We find that the record evidence is sufficient to conclude that Esparza was an alien. We also find that the nunc pro tunc divorce decree obtained in 2010 purporting to...

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