U.S. v. PERNILLO-FUENTES

No. 00-50524.

252 F.3d 1030 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Baltazar PERNILLO-FUENTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2001.


Attorney(s) appearing for the Case

Shereen Charlick, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Lupe C. Rodriguez, Jr., Office of the United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: PAMELA ANN RYMER, MICHAEL DALY HAWKINS, and RONALD M. GOULD, Circuit Judges.


Submitted May 9, 2001* — Pasadena, California

RONALD M. GOULD, Circuit Judge:

Baltazar Pernillo-Fuentes appeals his conviction and thirty-month sentence for attempted entry following deportation in violation of 8 U.S.C. § 1326. We reverse.

On February 16, 2000, the grand jury returned a one-count indictment in which it charged Pernillo-Fuentes as follows:

On or about November 20, 1999, within the Southern...

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