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U.S. v. HERMOSO-GARCIA

No. 04-30196.

413 F.3d 1085 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Octavio HERMOSO-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2005.

Attorney(s) appearing for the Case

Nicholas Marchi, Kennewick, WA, for the defendant-appellant.

James A. McDevitt and Robert A. Ellis, U.S. Department of Justice, Yakima, WA, for the plaintiff-appellee.

Before: O'SCANNLAIN, McKEOWN, and BEA, Circuit Judges.

BEA, Circuit Judge:

Octavio Hermoso-Garcia ("Hermoso-Garcia"), a native and citizen of Mexico, was convicted of being an alien who reentered the United States after deportation without first obtaining permission for reentry in violation of 8 U.S.C. § 1326 and sentenced to sixty-three months' imprisonment. Hermoso-Garcia now appeals the district court's: (1) denial of his motion to dismiss the indictment; (2) imposition of a 16-level increase under the United...

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