Filed: Nov. 30, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-11516 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID GARCIA-ANTUNEZ, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CR-268-G-ALL _ November 26, 1999 Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges. PER CURIAM:* David Garcia-Antunez (Garcia) pleaded guilty to illegal reentry of a deported alien in violation of 8 U.S.C. § 1326
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-11516 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID GARCIA-ANTUNEZ, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CR-268-G-ALL _ November 26, 1999 Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges. PER CURIAM:* David Garcia-Antunez (Garcia) pleaded guilty to illegal reentry of a deported alien in violation of 8 U.S.C. § 1326(..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11516
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID GARCIA-ANTUNEZ,
Defendant-Appellant.
________________________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CR-268-G-ALL
________________________________________
November 26, 1999
Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
David Garcia-Antunez (Garcia) pleaded guilty to illegal reentry of a deported alien in violation
of 8 U.S.C. § 1326(a) & (b)(2). On appeal, he challenges the district court’s denial of a motion to
dismiss the indictment.
Garcia argues that the previous deportation proceeding, which served as an element of the
illegal reentry charge, violated Garcia’s constitutional right to due process. See United States v.
Mendoza-Lopez,
481 U.S. 828, 837-39 (1986). This court has held that expedited deportation
proceedings, such as the one used in Garcia’s case, do not violate a defendant’s due process rights.
See United States v. Benitez-Villafuerte, ___F.3d___,
1999 WL 642212, at *5-6 (5th Cir. 1999).
Moreover, Garcia has failed to show actual prejudice in his challenge of the underlying deportation
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
proceeding. See
id. at *6. Accordingly, the judgement of the district court is AFFIRMED.