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U.S. v. GUTIERREZ-CERVANTEZ

No. 96-10318.

132 F.3d 460 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro GUTIERREZ-CERVANTEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted September 10, 1997.

Memorandum September 15, 1997.

Order and Opinion December 18, 1997.

Certiorari Denied January 20, 1998.

Attorney(s) appearing for the Case

Robert J. McWhirter, Assistant Federal Public Defender, Phoenix, Arizona, for defendant-appellant.

Timothy C. Holtzen, Assistant United States Attorney, Phoenix, Arizona, for plaintiff-appellee.

Before: HUG, Chief Judge, and GOODWIN, HAWKINS, Circuit Judges.

Certiorari Denied January 20, 1998. See 118 S.Ct. 869.

ORDER

The governments's request for publication is GRANTED. The memorandum disposition filed September 15, 1997, is redesignated as an authored opinion by Judge Goodwin.

OPINION

GOODWIN, Circuit Judge:

Pedro Gutierrez-Cervantez appeals his conviction for violation of 8 U.S.C. § 1326(b)(2), illegal reentry after deportation following an aggravated felony conviction. He contends...

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