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U.S. v. GARCIA-MARTINEZ

No. 99-50546.

228 F.3d 956 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Aurelio GARCIA-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2000.

Attorney(s) appearing for the Case

Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Sam T. Liccardo, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: FERNANDEZ and WARDLAW, Circuit Judges, and WEINER, District Judge.

WARDLAW, Circuit Judge:

Aurelio Garcia-Martinez appeals his conviction, upon a conditional guilty plea, on one count of being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Garcia-Martinez collaterally attacks the prior deportation order upon which his conviction rested, contending that his expedited administrative removal for being an aggravated felon violated the Due Process Clause of the Fifth Amendment. He claims that the Immigration...

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