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UNITED STATES v. BARCENAS-RUMUALDO

No. 21-50795.

53 F.4th 859 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Yobani BARCENAS-RUMUALDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 18, 2022.

Attorney(s) appearing for the Case

Scott A. C. Meisler, Esq. , U.S. Department of Justice, Washington, DC, Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Erik Anthony Hanshew , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before Graves, Willett, and Engelhardt, Circuit Judges.

Yobani Barcenas-Rumualdo was indicted for illegally reentering the United States, a violation of 8 U.S.C. § 1326. He unsuccessfully moved to dismiss the indictment on equal protection grounds. After a bench trial on stipulated facts, the district court sentenced him to 30 months' imprisonment and three years'...

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