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U.S. v. LOPEZ-ORTIZ

No. 01-21264.

313 F.3d 225 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Joel LOPEZ-ORTIZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 2002.

Attorney(s) appearing for the Case

Howard E. Rose, Sp. Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellant.

Roland E. Dahlin, II, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellee.

Before JOLLY, DUHÉ and DENNIS, Circuit Judges.

DUHÉ, Circuit Judge:

The United States appeals the district court's order suppressing Joel Lopez-Ortiz's prior removal and dismissing the indictment against him for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2). We hold that the hearing at which Lopez-Ortiz's removal order was issued was not fundamentally unfair. Because, under 8 U.S.C. § 1326(d) and United States v. Mendoza-Lopez, 481 U.S. 828...

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