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U.S. v. MUNIZ-JAQUEZ

No. 12-50056.

718 F.3d 1180 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Augustine MUNIZ-JAQUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2013.

Attorney(s) appearing for the Case

Devin Burstein , Federal Public Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Blair C. Perez (argued), Assistant United States Attorney, Laura E. Duffy , United States Attorney, Bruce Castetter , Chief, Appellate Section Criminal Division, United States Attorney's Office, San Diego, CA, for Plaintiff-Appellee.

Before: ALFRED T. GOODWIN, ANDREW J. KLEINFELD, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

GOODWIN, Senior Circuit Judge:

Jose Augustine Muniz-Jaquez appeals his conviction for being a deported alien found in the United States. He assigns error to the district court's failure to order production of certain U.S. Border Patrol dispatch tapes. Because the district court erred in excluding potentially exculpatory evidence, we vacate the conviction and remand.

I. BACKGROUND

On April 28, 2010, U.S. Border Patrol Agent Derrick...

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