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U.S. v. BARRIOS-GUTIERREZ

No. 99-10148.

218 F.3d 1118 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Fabian BARRIOS-GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2000.

Attorney(s) appearing for the Case

Atmore Baggott, Apache Junction, Arizona, for the defendant-appellant.

Linda Boone, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: FLETCHER, CANBY, and O'SCANNLAIN, Circuit Judges.

Opinion by Judge FLETCHER; Dissent by Judge O'SCANNLAIN.

FLETCHER, Circuit Judge:

Fabian Barrios-Gutierrez was indicted for illegal entry after deportation in violation of 8 U.S.C. § 1326(a). He appeals his conviction and sentence. We conclude that the district court violated Federal Rule of Criminal Procedure 11 by failing adequately to inform him of the maximum sentence which he faced at the time of his plea...

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