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U.S. v. AYALA

No. 93-50771.

35 F.3d 423 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis AYALA, aka Jose Ayala-Giron; aka Jose Luis Ayalay; aka Oscar Jiron; aka Jose Linares; aka Luis Esquivel, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1994.

Attorney(s) appearing for the Case

Joan P. Freeman, Deputy Federal Public Defender, Santa Ana, CA, for defendant-appellant.

Carmen R. Luege, Asst. U.S. Atty., Santa Ana, CA, for plaintiff-appellee.

Before: BROWNING, FARRIS and LEAVY, Circuit Judges.

FARRIS, Circuit Judge:

Jose Luis Ayala appeals his conviction and sentence for illegal re-entry into the United States after five prior deportations and four prior convictions for aggravated felonies in violation of 8 U.S.C. § 1326(b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291.

FACTS

Ayala was charged with one count of illegal re-entry into the United States after five prior deportations (in 1987, 1989, 1991 and 1992) and four...

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