U.S. v. VIRAMONTES-ALVARADO

No. 96-10576.

149 F.3d 912 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Hector Alonzo VIRAMONTES-ALVARADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 8, 1997.

Resubmitted June 9, 1998.

Decided June 24, 1998.


Attorney(s) appearing for the Case

Jon M. Sands, Assistant Federal Public Defender, Phoenix, Arizona, for the defendant-appellant.

Tim Holtzen, Assistant U.S. Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: HUG, Chief Judge, WALLACE and HALL, Circuit Judges.


HUG, Chief Judge:

On August 28, 1996, Hector Viramontes-Alvarado was convicted of illegal reentry of an alien into the United States after deportation subsequent to a felony conviction in violation of 8 U.S.C. § 1326(b)(1). He contends that he is not an alien because he is the illegitimate son of an American citizen father.

Viramontes-Alvarado appeals his conviction on several grounds: (1) the denial of derivative citizenship violates the equal protection...

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