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U.S. v. LUNA-OROZCO

No. 02-10024.

321 F.3d 857 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo LUNA-OROZCO, aka, Gerardo Luna-Orosco, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2003.

Attorney(s) appearing for the Case

Lee Tucker, Tucson, AZ, for the defendant-appellant.

Richard E. Gordon and Lynnette C. Kimmins, Assistant United States Attorneys, Tucson, AZ, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, GOODWIN and CLIFTON, Circuit Judges.

SCHROEDER, Chief Judge:

Appellant in this case, Gerardo Luna-Orosco, fully intended to enter a plea of guilty to the crime of conspiracy to transport illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I). He was ordered convicted and sentenced to time served. He now seeks to vacate that conviction because a review of the full record of the Rule 11 proceedings reveals that he never formally entered a guilty plea. The record, however, also shows that the...

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