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U.S. v. HERNANDEZ-HERNANDEZ

No. 07-2028.

519 F.3d 1236 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo HERNANDEZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 21, 2008.

Attorney(s) appearing for the Case

Jerry A. Walz (Alfred Dale Creecy with him on the briefs), Walz and Associates, Cedar Crest, NM, for Defendant-Appellant.

Roberto D. Ortega, Assistant United States Attorney (Larry Gomez, Acting United States Attorney with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

At a bar in Palomas, Mexico, Alfredo Hernandez-Hernandez, a Mexican citizen twice deported from the United States, consumed a sufficient amount of alcohol and marijuana to blackout. The next thing he knew, Mr. Hernandez was in the United States without any recollection how he got there and, in short order, arrested for illegally reentering the country. Today, we are asked to decide whether the district court's decision to exclude from trial...

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