U.S. v. GOMEZ-OROZCO

No. 98-4272.

188 F.3d 422 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GOMEZ-OROZCO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1999.


Attorney(s) appearing for the Case

Estaban F. Sanchez (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

David B. Mote (argued), Office of the Federal Public Defender, Springfield, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and BAUER and DIANE P. WOOD, Circuit Judges.


BAUER, Circuit Judge.

Jose Gomez-Orozco pled guilty to one count of illegal re-entry by an alien, in violation of 8 U.S.C. § 1326(a). Upon discovering that he may actually be an American citizen, Gomez-Orozco sought to withdraw his guilty plea prior to his sentencing date. After a hearing, the district court denied his motion and sentenced him to 79 months imprisonment. We reverse.

I. BACKGROUND

Gomez-Orozco was born in Mexico in 1972. His Presentence...

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