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U.S. v. BARRAGAN-CEPEDA

No. 93-50642.

29 F.3d 1378 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose BARRAGAN-CEPEDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Karen Sue Berg, Asst. Federal Public Defender, San Diego, CA, for defendant-appellant.

Thomas W. McNamara, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: FLETCHER, CANBY, and HALL, Circuit Judges.

CANBY, Circuit Judge:

Jose Barragan-Cepeda was charged as a deported alien who reentered the United States in violation of 8 U.S.C. § 1326. Following the district court's denial of his motion to dismiss on the ground of double jeopardy, Barragan brings an interlocutory appeal. We reverse.

I. BACKGROUND

In April of 1993, the government indicted Barragan alleging that he was an alien who reentered...

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