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U.S. v. HERNANDEZ-HERRERA

No. 00-50458.

273 F.3d 1213 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony HERNANDEZ-HERRERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2001.

Attorney(s) appearing for the Case

Gerald Singleton, Federal Defenders of San Diego, San Diego, California, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, San Diego, California, Bruce Castetter, Assistant United States Attorney, San Diego, and John Chung, Special Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: RYMER and RAWLINSON, Circuit Judges, and POGUE, Judge.

Opinion by Judge RAWLINSON: Dissent by Judge POGUE.

RAWLINSON, Circuit Judge:

Anthony Hernandez-Herrera ("Herrera") appeals his conviction for being a deported alien "found in" the United States in violation of 8 U.S.C. § 1326. Herrera also appeals pre-trial, jury selection, and evidentiary rulings, and the sentence imposed. Because the district court committed no errors, we affirm Herrera's conviction and sentence...

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