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U.S. v. BANDA

No. 92-7618.

1 F.3d 354 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Marco Antonio BANDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 1993.

Attorney(s) appearing for the Case

Lisa Brodyaga, Thelma O. Garcia, Harlingen, TX, for defendant-appellant.

James L. Turner and Paula Offenhauser, Asst. U.S. Attys., Gaynelle G. Jones, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before JOHNSON, JOLLY, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Marco Antonio Banda, an alien, pleaded guilty to possession with intent to distribute 497 bottles of dimentáne containing 99 grams of codeine in violation of 21 U.S.C. §§ 841(a) and 841(b)(3). Banda did not appeal his conviction and sentence. Subsequently, the Immigration and Naturalization Service brought deportation proceedings against Banda based on the conviction. To forestall his deportation, Banda sought relief under...

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