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U.S. v. AHUMADA-AGUILAR

No. 96-30065.

295 F.3d 943 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo AHUMADA-AGUILAR, aka Ricardo Ahumada; aka Ricardo Aguilar; aka Ricardo Alfonso Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2002.

Attorney(s) appearing for the Case

Jay Warren Stansell and Michael Filipovic, Assistant Federal Public Defenders, Seattle, WA, for the defendant-appellant.

Donald M. Reno, Jr., Assistant United States Attorney, United States Department of Justice, Civil Division, Seattle, Washington, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, ALARCÓN, and KLEINFELD, Circuit Judges.

Opinion by Judge ALARCÓN; Dissent by Judge KLEINFELD.

ALARCÓN, Circuit Judge.

Ricardo Ahumada-Aguilar appeals from his conviction pursuant to 8 U.S.C. § 1326(a) and (b) of two counts of reentering the United States, without the consent of the Attorney General, after being deported as an alien following his conviction in a state court of the crimes of residential burglary and possession of cocaine. We reverse the judgment of conviction because...

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