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U.S. v. ARRIETA

Nos. 99-50368, 99-50422.

224 F.3d 1076 (2000)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Juan Mario ARRIETA, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2000.

Attorney(s) appearing for the Case

Elizabeth A. Newman and Amy Fan Saint Martin, Deputy Federal Public Defenders, Office of the Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Jean Rosenbluth, Assistant United States Attorney, United States Attorney's Office, Los Angeles, California, for the plaintiff-appellee.

Before: FERGUSON, BOOCHEVER, and REINHARDT, Circuit Judges.

FERGUSON, Circuit Judge:

Defendant Juan Mario Arrieta appeals his conviction for reentering the United States after being deported, in violation of 8 U.S.C. § 1326. Mr. Arrieta claims that the district court erred when it denied his motion to dismiss the indictment because his underlying deportation was invalid. We have jurisdiction pursuant to 28 U.S.C. § 1291 and REVERSE.

I. BACKGROUND

Mr. Arrieta first entered the...

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