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U.S. v. MARTINEZ-MOREL

No. 96-6234.

118 F.3d 710 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Raul MARTINEZ-MOREL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 18, 1997.

Attorney(s) appearing for the Case

William P. Earley, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant.

David Walling, Assistant United States Attorney, Oklahoma City, OK (Patrick M. Ryan, United States Attorney, Oklahoma City, OK, and Mark A. Yancey, Assistant United States Attorney, Oklahoma City, OK, with him on the brief), for Plaintiff-Appellee.

Before BRORBY, HOLLOWAY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant Raul Martinez-Morel (Martinez) was convicted of illegally reentering the United States after being deported, pursuant to 8 U.S.C. § 1326(a) (1994 & Supp.1997). On appeal, Martinez claims that the district court erred in excluding evidence of his belief that he was not deported. He also asks the Tenth Circuit to reconsider, in light of the Supreme Court's decisions in United States v. X-Citement Video, Inc.,...

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