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U.S. v. ORTIZ-GUTIERREZ

No. 93-50833.

36 F.3d 80 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco ORTIZ-GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1994.

Attorney(s) appearing for the Case

Eda U. Suh, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Stephen J. McConnell, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: BROWNING, FARRIS, and LEAVY, Circuit Judges.

FARRIS, Circuit Judge:

Francisco Ortiz-Gutierrez appeals his conviction and sentence for being found in the United States after having been deported subsequent to a conviction for an aggravated felony. 8 U.S.C. § 1326. We affirm.

I

We reject the argument that the "found in" provision of 8 U.S.C. § 1326(a) is unconstitutionally vague. United States v. Ayala, 35 F.3d 423 (9th Cir.1994).

II...

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