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U.S. v. HERNANDEZ-FRAIRE

No. 98-3192.

208 F.3d 945 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Alfredo HERNANDEZ-FRAIRE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 6, 2000.

Attorney(s) appearing for the Case

Mary A. Mills, Fed.Pub.Def., Tampa, FL, James T. Skuthan, Fed. Pub. Def., Orlando, FL, for Defendant-Appellant.

Roberta Josephina Tylke, Asst. U.S. Atty., Orlando, FL, Susan Hollis Rothstein-Youakim, Tampa, FL, for Plaintiff-Appellee.

Before DUBINA and BLACK, Circuit Judges, and HILL, Senior Circuit Judge.

DUBINA, Circuit Judge:

Appellant Jose A. Hernandez-Fraire ("Hernandez-Fraire") appeals his judgment of conviction entered following his guilty plea to one count of being unlawfully in the United States after having been previously deported, in violation of 8 U.S.C. § 1326. Hernandez-Fraire contends that his plea was not made knowingly and intelligently because the district court failed to inform him of his right to plead not guilty, his right to the assistance...

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