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UNITED STATES OF AMERICA, Plaintiff - Appellee v. DAVID HEREDIA-HOLGUIN, Defendant - Appellant

The appellant pleaded guilty to illegal reentry following a previous deportation. After completing his sentence, the appellant was deported. The appellant requests that the remaining term of his supervised release be vacated. The burden is on the appellant to demonstrate that equitable vacatur is appropriate. The deportation consequence was foreseeable and cannot be attributed to happenstance or the unilateral action of the government; the ongoing deterrent effect of supervised release is in the public interest; and the appellant failed to object to supervised release in the first instance. The appeal is dismissed without prejudice and vacatur is denied. UNITED STATES v. HEREDIA-HOLGUIN, 5th U.S. Circuit Court of Appeals, No. 14-10846, 6/16/15.

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UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff – Appellee v. DAVID HEREDIA-HOLGUIN, Defendant – Appellant

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