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U.S. v. CASTELLANOS-GARCIA

No. 00-50719.

270 F.3d 773 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Rigoberto CASTELLANOS-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2001.

Attorney(s) appearing for the Case

William Braniff, Law Offices of William Braniff, San Diego, California, for the defendant-appellant.

Deborah J. Rhodes, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: Ferdinand F. Fernandez, Andrew J. Kleinfeld, and M. Margaret McKeown, Circuit Judges.

Argued and Submitted September 14, 2001 — Pasadena, California.

OPINION

FERNANDEZ, Circuit Judge:

Rigoberto Castellanos-Garcia was convicted of entering the United States after having been deported. 8 U.S.C. § 1326. He was given an enhanced sentence because he had committed an aggravated felony before his deportation. 8 U.S.C. § 1326(b). He appeals his conviction on the theory that the government did not prove that he was free from...

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