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U.S. v. RODRIGUEZ-LOPEZ

No. 98-50674.

198 F.3d 773 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Baltazar RODRIGUEZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 1999.

Attorney(s) appearing for the Case

Roger W. Haines, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Heather M. Angove, Assistant Federal Public Defender, San Diego, California, for the defendant-appellant.

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

Opinion by Judge REINHARDT; Dissent by Judge TROTT.

REINHARDT, Circuit Judge:

Jose Rodriguez-Lopez was taken into custody by federal immigration agents on February 19, 1998. After he admitted that he had no legal right to be present in the United States, it was discovered that he had three prior criminal convictions and had previously been deported on at least four occasions. On April 9, 1998, Rodriguez-Lopez was charged with violating 8 U.S.C. § 1326...

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