United States v. Garcia-Vazquez
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PER CURIAM: *
Jorge Garcia-Vazquez (Garcia) appeals his guilty plea conviction and 77-month sentence for illegal reentry after removal. Garcia admitted at rearraignment that he was apprehended in Laredo, Texas, in 2007 after having been removed from the United States in 1997. Garcia argues that the district court committed plain error by applying the “aggravated felony” enhancement under 8 U.S.C. § 1326(b)(2) based on the finding that he had committed an aggravated felony in 2000 and had been removed in 2001. Garcia argues that the fact of his 2001 removal was not alleged in his indictment,…
2Cases cited2 opinions
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- United States v. Randall Elwood GourleyCourt of Appeals for the Fifth Circuit · 1999
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