United States Fifth Circuit

Where there is a bench trial, instead of a plea, and no clear record evidence that defendant was in the United States on or about the date charged in the indictment, the government failed to provide sufficient evidence for a conviction for having violated 8 USC 1326.

Appellate Information

• Decided 03/19/2001
• Published 03/19/2001

Judges

• CARL E. STEWART, Circuit Judge:, Before REYNALDO G. GARZA, STEWART and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Angela J. Moore (argued), Ellen A. Lockwood, San Antonio, TX, for Plaintiff-Appellee., M. Carolyn Fuentes (argued), San Antonio, TX, for Defendant-Appellant.