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

,

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

* Pursuant to 5th Cir. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 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,

(5th Cir. 1996). As such, Cortes-

Urbina’s prior convictions were within ten years of the

commencement of the instant offense.

AFFIRMED

2