IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50210 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

GABRIEL LAUDINO-TORRES,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-98-CR-223-1-JN --------------------

December 2, 1999

Before KING, Circuit Judge, and POLITZ and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant, the United States of America, sought to prosecute

appellee, Gabriel Laudino-Torres, for illegal reentry following

previous deportations. The district court granted appellee’s

motion to suppress evidence of the prior deportations on due

process grounds, relying on a Northern District of Texas case,

United States v. Benitez-Villafuerte, 3:98-CR-087-T. We have

since reversed the decision of the Northern District of Texas.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-50210 -2-

United States v. Benitez-Villafuerte,

(5th Cir.

1999). Accordingly, we reverse the judgment of the district

court and remand for reconsideration in light of our holding in

Benitez-Villafuerte.

REVERSED AND REMANDED.