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U.S. v. PROA-TOVAR

No. 90-50373.

945 F.2d 1450 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel PROA-TOVAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1991.

Attorney(s) appearing for the Case

Debra Ann DiIorio, Federal Defenders of San Diego, San Diego, Cal., for defendant-appellant.

Kimberly D. Allan, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, HUG and FARRIS, Circuit Judges.

GOODWIN, Circuit Judge:

Daniel Proa-Tovar appeals his felony conviction for being a deported alien in the United States, in violation of 8 U.S.C. § 1326 (1988). Relying on United States v. Mendoza-Lopez, 481 U.S. 828, 107 S.Ct. 2148, 95 L.Ed.2d 772 (1987), Proa-Tovar collaterally challenges the deportation order upon which his section 1326 violation is predicated. He argues that his February 1989 deportation could not be...

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