Elawyers Elawyers
Washington| Change

United States v. Cortes-Urbina, 02-30408 (2002)

Court: Court of Appeals for the Fifth Circuit Number: 02-30408 Visitors: 57
Filed: Dec. 13, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 02-30408 _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GENARO EDGARDO CORTES-URBINA, also known as Hernando Cortez, also known as Eddie Urbina-Cortez, also known as Geraldo Garcia, also known as Jose Jimenez Defendant-Appellant. _ Appeal from the United States District Court for the Eastern District of Louisiana (01-CR-293-ALL) _ December 11, 2002 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:*
More
               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT
                         _________________

                            No. 02-30408
                         _________________

                     UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee,

                              versus

  GENARO EDGARDO CORTES-URBINA, also known as Hernando Cortez,
also known as Eddie Urbina-Cortez, also known as Geraldo Garcia,
                    also known as Jose Jimenez

                                                 Defendant-Appellant.

_________________________________________________________________

           Appeal from the United States District Court
               for the Eastern District of Louisiana
                          (01-CR-293-ALL)
_________________________________________________________________
                         December 11, 2002

Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

     Genaro Edgardo Cortes-Urbina pleaded guilty to being found

unlawfully in the United States, in violation of 8 U.S.C. § 1326,

after being deported subsequent to an aggravated felony conviction.

In challenging sentence enhancements he received, pursuant to the

United States Sentencing Guidelines, for several prior convictions,

Cortes-Urbina contends those convictions were improperly considered




     *
          Pursuant to 5th Cir. 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this opinion should not be published and is not precedent except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.
because they were not imposed within ten years of commencement of

the instant offense.     See U.S.S.G. § 4A1.2(e)(2) and (3).

     We have read the briefs and the applicable law, have heard the

arguments of counsel, and have considered pertinent parts of the

record.    Our court has held that a “found in” violation is a

continuing     offense   that   commences   when   an     illegal        alien

surreptitiously reenters the United States.          United States v.

Santana-Castellano, 
74 F.3d 593
(5th Cir. 1996).         As such, Cortes-

Urbina’s     prior   convictions   were   within   ten    years     of     the

commencement of the instant offense.

                                                             AFFIRMED




                                    2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer