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U.S. v. ARCE-HERNANDEZ

No. 97-50377.

163 F.3d 559 (1998)

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

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission March 23, 1998.

Resubmitted October 21, 1998.

Decided December 9, 1998.

As Amended on Denial of Rehearing and Rehearing March 11, 1999.

Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, California, for the defendant-appellant.

Lawrence E. Spong, Renee Palermo, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: LAY, GOODWIN, and SCHROEDER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 11, 1999.*

GOODWIN, Circuit Judge:

Jose Arce-Hernandez was convicted in 1995 and served part of his two year sentence for the felony of carrying a loaded firearm. In 1996, he was deported to Mexico. Four days later, he was found in San Diego and indicted for being a deported alien found in the United States in violation of 8...

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