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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, 186 F.3d 651, 657 (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.