USA v. Maria Chavez-Flores, No. 19-50192 (5th Cir. 2019)

 Annotate this Case
Download PDF
Case: 19-50192 Document: 00515236017 Page: 1 Date Filed: 12/13/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 19-50192 Summary Calendar FILED December 13, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellant v. MARIA FRANCISCA CHAVEZ-FLORES, Defendant-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 3:18-CR-3229-1 Before SMITH, DENNIS, and DUNCAN, Circuit Judges. PER CURIAM: * Appealing the district court’s dismissal of an indictment charging an offense under 8 U.S.C. § 1326, the Government moves for summary disposition, arguing that the dismissal was erroneous in light of our recent decision in United States v. Pedroza-Rocha, 933 F.3d 490 (5th Cir. 2019), petition for cert. filed (U.S. Nov. 6, 2019) (No. 19-6588). Maria Francisca Chavez-Flores, the defendant, has not filed a response in opposition. As the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 19-50192 Document: 00515236017 Page: 2 Date Filed: 12/13/2019 No. 19-50192 Government argues, this case is indistinguishable from Pedroza-Rocha, where we reversed the district court’s dismissal of an indictment charging the defendant with a violation of § 1326. Accordingly, the Government’s motion for summary disposition is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, the district court’s order dismissing the indictment is REVERSED, and the matter is REMANDED for further proceedings. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.