United States Fifth Circuit

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.