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U.S. v. VASQUEZ-ALVAREZ

No. 98-6325.

176 F.3d 1294 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ontoniel VASQUEZ-ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 11, 1999.

Attorney(s) appearing for the Case

June E. Tyhurst, Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Defendant-Appellant.

Sean Connelly, U.S. Department of Justice, Denver, Colorado (Patrick M. Ryan, United States Attorney, W. District of Oklahoma, and Mark A. Yancey, Assistant United States Attorney, W. District of Oklahoma, with him on the brief), for Plaintiff-Appellee.

Before ANDERSON, KELLY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

INTRODUCTION

Ontoniel Vasquez-Alvarez ("Vasquez") was arrested by an Edmond, Oklahoma, police officer. The arrest was based solely on the fact that Vasquez was an illegal alien. After Vasquez's arrest, an agent of the Immigration and Naturalization Service ("INS") discovered that Vasquez had a felony record and had previously been deported. Shortly thereafter, a federal grand jury handed down a one-count indictment charging Vasquez...

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