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U.S. v. GOMEZ-RODRIGUEZ

No. 95-10114.

77 F.3d 1150 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Hector Rene GOMEZ-RODRIGUEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Nandor J. Vadas, Assistant United States Attorney, San Francisco, California, for plaintiff/appellant.

George J. Cotsirilos, Jr., Cotsirilos & Campisano, San Francisco, California, for defendant/appellee.

Before: LAY, GOODWIN, and PREGERSON, Circuit Judges.

Opinion by Judge PREGERSON; Dissent by Judge GOODWIN.

PREGERSON, Circuit Judge:

The United States appeals the district court's dismissal of an indictment charging Hector Rene Gomez-Rodriguez ("Gomez") with illegal reentry after deportation and conviction of an "aggravated felony" under 8 U.S.C. § 1326(b)(2) of the Immigration and Nationality Act. The district court dismissed the indictment because Gomez's "aggravated felony" conviction occurred before...

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