Filed: Feb. 16, 2000
Latest Update: Mar. 02, 2020
Summary: No. 99-20549 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20549 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN MIGUEL CHAIDEZ-ORANTES, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-504-1 - February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Juan Miguel Chaidez-Orantes appeals his conviction and sentence for illegal reentry in
Summary: No. 99-20549 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20549 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN MIGUEL CHAIDEZ-ORANTES, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-504-1 - February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Juan Miguel Chaidez-Orantes appeals his conviction and sentence for illegal reentry int..
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No. 99-20549
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20549
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MIGUEL CHAIDEZ-ORANTES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-504-1
--------------------
February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Juan Miguel Chaidez-Orantes appeals his conviction and
sentence for illegal reentry into the United States after
deportation, a violation of 8 U.S.C. § 1326. He argues that the
district court should have suppressed his prior deportation
because he was deprived of due process during the administrative-
deportation proceeding under 8 U.S.C. § 1228. He also argues
that he need not establish actual prejudice in order to
collaterally attack his prior 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that this opinion should not be published and is not precedent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.
No. 99-20549
-2-
This court has rejected the arguments made by Chaidez-
Orantes in United States v. Benitez-Villafuerte,
186 F.3d 651,
659-60 (5th Cir. 1999), cert. denied,
120 S. Ct. 838 (2000). We
therefore AFFIRM his conviction.
Chaidez-Orantes also argues that the case should be remanded
so that the district court may correct the judgment’s incorrect
recitation that he pleaded guilty to one count of illegal reentry
and that non-existent remaining counts were dismissed on the
Government’s motion. The Government concedes that the judgment
contains the above-mentioned errors, but also asserts that the
judgment erroneously states that Chaidez-Orantes was sentenced to
“time served” rather than to a seven-month term.
Accordingly, the case is remanded for the purpose of
correcting the clerical errors in the judgment pursuant to Fed.
R. Crim. P. 36. The amended judgment should clarify and/or
correct the provision regarding Chaidez-Orantes’s term of
imprisonment.
AFFIRMED IN PART; REMANDED IN PART.