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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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