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U.S. v. BAHENA-CARDENAS

No. 94-50639.

70 F.3d 1071 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto BAHENA-CARDENAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1995.

Attorney(s) appearing for the Case

Michael G. Wheat, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Karl Rupp, Federal Defenders of San Diego, San Diego, California, for defendant-appellant.

Before BROWNING and PREGERSON, Circuit Judges and TANNER, District Judge.

TANNER, District Judge:

Heriberto Bahena-Cardenas appeals from the denial of his pretrial motion to dismiss a three count indictment1 charging him with violations of 8 U.S.C. § 1326(b)(1) (being a deported alien found in the United States) and 18 U.S.C. § 911 (false claims as to United States citizenship). He renewed the motion as a motion for acquittal under Fed. R.Crim.P. 29 both at the end of the government's case-in-chief...

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