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U.S. v. RIVERA

No. 10-50313.

658 F.3d 1073 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Antonio RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2011.

Attorney(s) appearing for the Case

Marc X. Carlos , Bardsley & Carlos, L.L.P., San Diego, CA, for the defendant-appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, Seth C. Askins (briefed), Mark R. Rehe (argued), Assistant United States Attorneys, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: JOHN T. NOONAN and KIM McLANE WARDLAW, Circuit Judges, and EDWARD R. KORMAN, District Judge.

OPINION

KORMAN, District Judge:

Mario Antonio Rivera, an alien, has been convicted of at least ten offenses and has been removed from the United States ten times, most recently on December 5, 2008. Less than six months after he was last removed, he was again arrested as he attempted to cross the border from Mexico into the United States. On January 29, 2010, Rivera pleaded guilty to a violation of 8 U.S.C. § 1326—for unlawfully attempting to...

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