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U.S. v. AHUMADA-AGUILAR

No. 96-30065.

189 F.3d 1121 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo AHUMADA-AGUILAR, aka Ricardo Ahumada; aka Ricardo Alfonso Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum Decided September 19, 1997.

Withdrawn October 2, 1998.

Decided September 2, 1999.

Attorney(s) appearing for the Case

Jay W. Stansell and Michael Filipovic, Assistant Federal Public Defenders, Seattle, WA, for defendant-appellant.

Donald M. Reno, Jr., Assistant U.S. Attorney, Seattle, WA, for plaintiff-appellee.

Before: SCHROEDER, ALARCON, and KLEINFELD, Circuit Judges.

Opinion by Judge SCHROEDER; Dissent by Judge KLEINFELD.

ORDER

SCHROEDER, Circuit Judge:

The panel as constituted above has voted to grant the petition for rehearing and the attached opinion is ordered filed.

OPINION

Ricardo Ahumada-Aguilar appeals his conviction on two counts of illegal reentry by an alien with prior felony convictions, 8 U.S.C. § 1326(a) and (b)(1). Ahumada-Aguilar argues that he is not an alien because his...

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