United States Fifth Circuit

The district court's pretrial dismissal of an indictment charging defendant with being an alien in possession of a firearm is reversed where the district court erred in concluding that defendant was not illegally or unlawfully in the United States.

Appellate Information

• Decided 03/16/2005
• Published 03/16/2005

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Lee Turner, Asst. U.S. Atty. (argued), Stephen Mark McIntyre, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Juan Roberto Fuentes (argued), Houston, TX, for Defendant-Appellee.