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U.S. v. GALINDO-GALLEGOS

No. 99-50585.

244 F.3d 728 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Julian GALINDO-GALLEGOS, aka Jose Reyes-Olague, aka Aurelio Garcia-Chairez, aka Jose Olague Reyes, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2001.

As Amended April 25, 2001.

Attorney(s) appearing for the Case

Debra A. DiIorio, DiIorio & Hall, San Diego, California, for the appellant.

Gregory A. Vega, U.S. Attorney, and Kevin J. Kelly, Assistant U.S. Attorney, San Diego, California, for the appellee.

Before: PAMELA ANN RYMER, ANDREW J. KLEINFELD, and RICHARD A. PAEZ, Circuit Judges.

Argued and Submitted July 12, 2000, Pasadena, California.

Opinion by Judge KLEINFELD; Concurrence by Judge PAEZ.

KLEINFELD, Circuit Judge:

This criminal appeal involves an issue of when a Miranda warning must precede questioning and how broadly the aggravated felony of alien smuggling sweeps.

Facts

Two border patrol agents were looking for aliens about 1800 feet north of the Mexican border. They saw a large group of...

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