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U.S. v. GONZALEZ-TORRES

No. 00-50543.

309 F.3d 594 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Juan GONZALEZ-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2002.

Attorney(s) appearing for the Case

Benjamin L. Coleman, Federal Defenders of San Diego, San Diego, CA, and Shaun Khojayan, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (at time of argument), Carol C. Lam, United States Attorney (when opinion was filed), Roger W. Haines, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

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

ORDER AND OPINION

RAWLINSON, Circuit Judge.

ORDER

The Opinion filed on December 11, 2001, appearing at 273 F.3d 1181, is withdrawn and replaced with the attached opinion.

OPINION

Juan Gonzalez-Torres ("Torres") was convicted by a jury of entering the United States in violation of 8 U.S.C. § 1325, being a deported alien "found in" the United States in violation of 8 U.S.C. § 1326, and...

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