U.S. v. MARTINEZ-VITELA

No. 98-50440.

183 F.3d 1131 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Raymundo MARTINEZ-VITELA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 1999.


Attorney(s) appearing for the Case

Benjamin P. Lechman, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Jonah H. Goldstein, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: D. W. NELSON, REINHARDT, and TROTT, Circuit Judges.


TROTT, Circuit Judge:

OVERVIEW

Raymundo Martinez-Vitela ("Martinez-Vitela") appeals his conviction, pursuant to a conditional guilty plea, for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. The charge was based on a summary deportation proceeding that reinstated a prior deportation order. On appeal, Martinez-Vitela argues that the district court erred in holding that (1) the reinstatement of deportation constituted...

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