United States Fifth Circuit

An illegal alien's presence in the United States after being deported is circumstantial evidence of a violation of 8 USC 1326 which the defendant is free to rebut, for example, by proving that he was brought to the United States against his will.

Appellate Information

• Decided 12/21/2000
• Published 12/22/2000

Judges

• JERRY E. SMITH, Circuit Judge:, Before JOLLY, JONES and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Kathlyn Giannaula Snyder (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow (argued), Brent Evan Newton, Houston, TX, for Defendant-Appellant.