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U.S. v. ALVARADO-DELGADO

No. 94-50594.

98 F.3d 492 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose ALVARADO-DELGADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 18, 1996.

Attorney(s) appearing for the Case

Christopher P. Tenorio, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant.

Debra R. Torres-Reyes, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

David P. Curnow, Assistant United States Attorney, San Diego, CA, on the en banc brief.

Before: HUG, Chief Judge, BROWNING, FLETCHER, PREGERSON, BRUNETTI, KOZINSKI, O'SCANNLAIN, TROTT, RYMER, KLEINFELD, and HAWKINS, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

I.

Alvarado-Delgado was deported from the United States in 1991. In 1994, he was apprehended in the United States and indicted under 8 U.S.C. § 1326, which provides that any alien who has previously been deported and thereafter improperly reenters or is found in the United States without the Attorney General's consent can be fined and imprisoned. Alvarado-Delgado argued that...

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