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U.S. v. ROSALES-GARAY

No. 01-1017.

283 F.3d 1200 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto ROSALES-GARAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 15, 2002.

Attorney(s) appearing for the Case

Andrew Vogt, Assistant United States Attorney (Richard T. Spriggs, United States Attorney, and Sean Connelly, Assistant United States Attorney, on the brief), Denver, CO, for Plaintiff-Appellee.

Lynn Hartfield, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and Charles Szekely, Assistant Federal Public Defender, on the brief), Denver, CO, for Defendant-Appellant.

Before TACHA, Chief Judge, and BALDOCK and HENRY, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Roberto Rosales-Garay pled guilty in federal district court to one count of "Unlawful Re-entry of a Deported Alien" in violation of 8 U.S.C. § 1326(a). Section 1326(a) generally provides that a previously deported alien who, without permission, "enters, attempts to enter, or is at any time found in, the United States" is guilty of the crime of unlawful reentry. Id. (emphasis added). According to the indictment and...

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