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U.S. v. ALVISO

No. 97-10100.

152 F.3d 1195 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe ALVISO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1998.

As Amended October 14, 1998.

Attorney(s) appearing for the Case

Mark J. Reichel, Assistant Public Defender, Sacramento, California, for defendant-appellant.

Robin R. Taylor, Assistant United States Attorney, Sacramento, California, for plaintiff-appellee.

Before: BRUNETTI, TASHIMA, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

A jury convicted defendant of violating 8 U.S.C. § 1326(a) (being a deported alien found in the United States without permission)1 and 8 U.S.C. § 1326(b)(1) (being such an alien after having been deported following a felony conviction).2 Defendant appeals, asserting that: (1) the government violated his Fifth Amendment rights by failing to prove that it had found him on the...

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