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UNITED STATES v. ROBLES-SANDOVAL

No. 80-1363.

637 F.2d 692 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Mariano ROBLES-SANDOVAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1981.

Attorney(s) appearing for the Case

David M. Ochoa, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Stephen M. Dichter, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee; Daphne Budge, Asst. U. S. Atty., Phoenix, Ariz., on brief.

Before MERRILL and NORRIS, Circuit Judges, and QUACKENBUSH, District Judge.

MERRILL, Circuit Judge:

This appeal is taken from conviction of the crime of illegal re-entry to the United States after deportation, a violation of Title 8 U.S.C. § 1326.

On May 17, 1979, appellant was deported from the United States to Mexico. On April 2, 1980, he was indicted by a federal grand jury in Phoenix, Arizona, for illegal re-entry. He filed a motion to dismiss the indictment on the ground that § 1326 is unconstitutional. The motion was...

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