U.S. v. ZARATE-MARTINEZ

Nos. 97-10212, 97-10218.

133 F.3d 1194 (1998)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Jose Juan ZARATE-MARTINEZ, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1998.


Attorney(s) appearing for the Case

Maria C. Borbon, Rosemary Marquez, Assistant Federal Public Defender (oral argument), Tucson, AZ, for Defendant-Appellant-Cross-Appellee.

John P. Leader, Assistant United States Attorney, Tucson, AZ, for Plaintiff-Appellee-Cross-Appellant.

Before: ALDISERT, D.W. NELSON and TASHIMA, Circuit Judges.


ALDISERT, Circuit Judge:

The appeal by Jose Juan Zarate-Martinez from judgment and sentence for a violation of 8 U.S.C. § 1326(b)(1), reentry after deportation subsequent to a felony conviction, requires us to decide if his due process rights were violated because he had no meaningful opportunity for judicial review of the underlying deportation order and whether he was denied equal protection because one of the cocaine convictions underlying his deportation...

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