United States Fifth Circuit

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US v. Alvarado-Santilano, 05-10261

For purposes of determining the existence of separate offenses of illegal reentry after deportation during sentencing, being found in the United States by immigration officials is sufficient to extinguish a pre-existing and continuing offense arising from prior illegal reentries.

Appellate Information

  • Decided 12/29/2005
  • Published 12/29/2005

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Marcus James Busch (argued), Dallas, TX, for U.S.

  • For Appellees:
  • Jerry V. Beard, Asst. Fed. Pub. Def. (argued), Lubbock, TX, Ira Raymond Kirkendoll, Fed. Pub. Def., Dallas, TX, for Defendant-Appellant.