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UNITED STATES v. CERDA-PENA

No. 85-3118.

799 F.2d 1374 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Rolando CERDA-PENA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Lance Caldwell, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Linda Friedman Ramirez, Salem, Or., for defendant-appellant.

Before SKOPIL and NELSON, Circuit Judges, and LYNCH, District Judge.

LYNCH, District Judge:

I. Introduction

Appellant, Rolando Cerda-Pena, has appealed his conviction for re-entering the United States in violation of 8 U.S.C. section 1326. Appellant contends that his pretrial motion to dismiss the indictment against him was improperly denied.

An alien may not be convicted under section 1326 for illegally re-entering the United States unless he or she has previously been...

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