United States v. Perez-Macias

KING, Chief Judge:

The petition for rehearing is DENIED. This court’s opinion, 327 F.3d 384 (5th Cir.2003), is hereby withdrawn, and the following opinion is substituted:

Ricardo Perez-Macias appeals his conviction and sentence, arguing that under the Supreme Court’s recent decision in Alabama v. Shelton, 535 U.S. 654, 122 S.Ct. 1764, 152 L.Ed.2d 888 (2002), his prior uncounseled misdemeanor conviction for illegal entry under 8 U.S.C. § 1325(a), for which he received a probated sentence, violated his Sixth Amendment right to counsel and therefore cannot form the predicate for the instant felony…