United States Fifth Circuit

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US v. CALDERON-PENA, 02-20331

Conviction and sentence for illegal reentry of a removed alien under 8 U.S.C. section 1326 are affirmed over claims that the underlying indictment was invalid because the prior removal order violated defendant's due process rights and that his prior conviction for endangering a child was not a crime of violence.

Appellate Information

  • Decided 07/17/2003
  • Published 07/17/2003

Judges

  • PER CURIAM:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and PICKERING, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Tony Ray Roberts (argued), McAllen, TX, James Lee Turner and Renata Ann Gowie, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender (argued), Houston, TX, for Defendant-Appellant.