Filed: Dec. 01, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D December 1, 2003 In the Charles R. Fulbruge III United States Court of Appeals Clerk for the Fifth Circuit _ m 03-40051 _ UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS NEFTALI CARAPIA-HERNANDEZ, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas m L-02-CR-316-ALL _ Before SMITH, BARKSDALE, and CLEMENT, a felony. We have reviewed the briefs, Circuit Judges. pertinent portions of the r
Summary: United States Court of Appeals Fifth Circuit F I L E D December 1, 2003 In the Charles R. Fulbruge III United States Court of Appeals Clerk for the Fifth Circuit _ m 03-40051 _ UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS NEFTALI CARAPIA-HERNANDEZ, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas m L-02-CR-316-ALL _ Before SMITH, BARKSDALE, and CLEMENT, a felony. We have reviewed the briefs, Circuit Judges. pertinent portions of the re..
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United States Court of Appeals Fifth Circuit F I L E D December 1, 2003 In the Charles R. Fulbruge III United States Court of Appeals Clerk for the Fifth Circuit _______________ m 03-40051 _______________ UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS NEFTALI CARAPIA-HERNANDEZ, Defendant-Appellant. _________________________ Appeal from the United States District Court for the Southern District of Texas m L-02-CR-316-ALL _________________________ Before SMITH, BARKSDALE, and CLEMENT, a felony. We have reviewed the briefs, Circuit Judges. pertinent portions of the record, and the ap- plicable authorities and have heard the argu- PER CURIAM:* ments of counsel. Carapia-Hernandez’s waiv- er of counsel was knowing and voluntary. Neftali Carapia-Hernandez claims his prior uncounseled misdemeanor conviction of illegal Accordingly, we have no need to address entry cannot be used to enhance his current the other issues presented on appeal. The illegal entry conviction from a misdemeanor to judgment of conviction and sentence is AFFIRMED. * Pursuant to 5TH CIR. R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
