U.S. v. SOTO-OLIVAS

No. 93-50863.

44 F.3d 788 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo SOTO-OLIVAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 5, 1995.


Attorney(s) appearing for the Case

Jerome J. Haig, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Daniel P. Collins, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

Lorenzo Soto-Olivas appeals his conviction for illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326(b)(2). He claims his prosecution was barred by the Double Jeopardy Clause. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I

On May 21, 1990, Soto-Olivas was convicted of distributing cocaine base within 100 feet of a playground, in violation of 21 U...

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