United States v. Cortes-Urbina

* 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this opinion should not be published and is not precedent except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.
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

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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

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