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U.S. v. ROJAS

No. 13-50926.

770 F.3d 366 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Samuel Quezada ROJAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 30, 2014.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Mara Asya Blatt, Esq. (argued), Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Sergio Garcia (argued), Federal Public Defender's Office, El Paso, TX, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, for Defendants-Appellant.

Before SMITH, BARKSDALE, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Samuel Quezada Rojas appeals his conviction under 8 U.S.C. § 1326(a) for illegally reentering the United States after deportation on the grounds that he was neither "found" nor "in" the United States as required by statute. We AFFIRM.

I.

In 2009, Rojas was arrested by Immigration Enforcement Agents and removed from the United States. He subsequently reentered without the consent of the Attorney General and worked in Denver...

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