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U.S. v. CONTRERAS-CONTRERAS

No. 95-50010.

83 F.3d 1103 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Osvaldo CONTRERAS-CONTRERAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1996.

Attorney(s) appearing for the Case

William W. Brown, Federal Defenders of San Diego, San Diego, California, for defendant-appellant.

David P. Curnow, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: SCHROEDER and O'SCANNLAIN, Circuit Judges and BURNS, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether a prosecutor's volunteered reason for exercising a peremptory challenge against an African-American enables a defendant to preserve the issue for appeal, notwithstanding the defense attorney's failure to object during voir dire or trial.

I

Osvaldo Contreras-Contreras, a citizen of Mexico, appeals his conviction for reentering the United States after deportation...

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