United States Fifth Circuit

Only aliens who were admitted to the U.S. on a non-immigrant visa and maintain lawful "nonimmigrant" status can be prosecuted under 18 U.S.C. section 922(g)(5)(B), which criminalizes being an alien admitted under a nonimmigrant visa in possession of a firearm.

Appellate Information

• Decided 04/26/2006
• Published 04/26/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Stephen Robert Baxley, Baxley Law Office, Papillion, NE, for Elrawy.