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U.S. v. CERVANTES-FLORES

No. 04-50113.

421 F.3d 825 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto CERVANTES-FLORES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2005.

Attorney(s) appearing for the Case

Robert H. Rexrode, III, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Steven E. Stone, Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before BROWNING, FISHER and BYBEE, Circuit Judges.

PER CURIAM.

Roberto Cervantes-Flores ("Cervantes") appeals his conviction and sentence for being found in the United States after deportation in violation of 8 U.S.C. § 1326. Cervantes argues that the district court erred in: (1) denying him the opportunity to present a necessity defense to the jury; (2) refusing to exclude statements he made to a border patrol agent before receiving Miranda warnings; (3) admitting...

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