U.S. v. MEDINA-TORRES

No. 11-40656.

703 F.3d 770 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar Noe MEDINA-TORRES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 2012.


Attorney(s) appearing for the Case

Renata Ann Gowie , Asst. U.S. Atty., Houston, TX, Hugo Ricardo Martinez , Asst. U.S. Atty. (argued), Corpus Christi, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Laura Fletcher Leavitt , Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before DAVIS, SMITH, and DENNIS, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

The petition for panel rehearing is GRANTED. The majority opinion and dissent, issued November 1, 2012, 2012 WL 5360876, are WITHDRAWN, and the following unanimous opinion is substituted. Appellant's motion to issue the mandate forthwith is GRANTED.

* * * * * *

Cesar Noe Medina-Torres pleaded guilty to one count of being found knowingly and unlawfully present in the United States after deportation...

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