OPINION
GILMAN, Circuit Judge.
A federal grand jury indicted Alfonso Martinez-Rocha in May of 2002 on one count of unlawfully reentering the United States after having been deported. Martinez-Rocha moved to dismiss the indictment on the ground that the prior order of deportation was predicated on the legal error that his 1999 driving-under-the-influence (DUI) conviction was an "aggravated felony." After the district court denied his motion, Martinez-Rocha...
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