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U.S. v. GONZALEZ-MEDINA

Nos. 91-30395, 91-30437 and 91-30438.

976 F.2d 570 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GONZALEZ-MEDINA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Oscar A. JAQUEZ-VELASQUEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ricardo REYES-CARRILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1992.

Attorney(s) appearing for the Case

Michael G. Martin, Asst. Federal Public Defender, Seattle, Wash., for defendants-appellants.

Paula E. Boggs, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, BEEZER, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

We are called upon to determine whether subsections (a), (b)(1) and (b)(2) of 8 U.S.C. § 1326 constitute separate crimes or merely sentence enhancement provisions for the underlying crime of illegal reentry following deportation. We hold that the three subsections identify different crimes, the elements of which must be proven at trial and not simply at sentencing.

FACTS AND PRIOR PROCEEDINGS

Jose Gonzalez-Medina ("Gonzalez...

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