U.S. v. ORTIZ-LOPEZ

No. 93-30253.

24 F.3d 53 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Omero ORTIZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 16, 1994.


Attorney(s) appearing for the Case

Paula Semmes Deutsch, Asst. Federal Public Defender, Seattle, WA, for defendant-appellant.

Lis Wiehl, Asst. U.S. Atty., Seattle, WA, for plaintiff-appellee.

Before: WRIGHT, TANG and REINHARDT, Circuit Judges.


Opinion by Judge WRIGHT.

EUGENE A. WRIGHT, Circuit Judge:

Omero Ortiz-Lopez appeals his conviction for reentering the United States illegally after having been previously deported, in violation of 8 U.S.C. § 1326(b)(1) and (2). We find that his indictment did not violate the Speedy Trial Act but reverse his conviction because there was insufficient evidence to prove he was an alien.

BACKGROUND

In early December 1992, the INS discovered...

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