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U.S. v. GUTIERREZ-ALBA

No. 96-10491.

128 F.3d 1324 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Juan GUTIERREZ-ALBA, aka Oscar Cardona-Elias, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 10, 1997.

Attorney(s) appearing for the Case

Alexander Silvert, First Assistant Federal Public Defender, Honolulu, HI, for defendant-appellant.

Thomas J. Brady, Omer G. Poirier, Assistant United States Attorneys, Honolulu, HI, for plaintiff-appellee.

Before: SNEED, HALL and WIGGINS, Circuit Judges.

SNEED, Circuit Judge:

Defendant-appellant Jose Juan Gutierrez-Alba appeals his conviction under 8 U.S.C. § 1326 for illegally entering the United States after having been arrested and deported. We affirm the conviction.

I.

BACKGROUND

On December 21, 1995, appellant was indicted for unlawfully entering the United States after having been previously deported for a felony conviction, in violation of 8 U.S.C. § 1326. The felony...

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