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U.S. v. ORTIZ-RIVERA

No. 92-50469.

1 F.3d 763 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Raul ORTIZ-RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 12, 1993.

Resubmitted June 29, 1993.

Decided July 26, 1993.

Attorney(s) appearing for the Case

Humberto Diaz, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Michael Terrell, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: SCHROEDER, THOMPSON, and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

Ortiz-Rivera was charged with being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. He moved to dismiss the indictment on the ground that his earlier deportation hearing did not comply with due process of law. After a hearing, the district court upheld the indictment. Ortiz-Rivera then entered a conditional guilty plea, and filed this appeal.

I

In his guilty plea, Ortiz-Rivera stipulated to the following...

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