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U.S. v. ARELLANO-GALLEGOS

No. 01-10298.

351 F.3d 966 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel ARELLANO-GALLEGOS, aka Juan Vasquez-Chavez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2003.

Attorney(s) appearing for the Case

Christina M. Cabanillas, Deputy Chief, Appellate Section, United States Attorney's Office, Tucson, Arizona, for the defendants-appellants.

Peter M. Raptis, Assistant Federal Public Defender, Tucson, Arizona, for the plaintiffs-appellees.

Before: ANDREW J. KLEINFELD, KIM MCLANE WARDLAW, Circuit Judges, and DONALD C. POGUE, Judge.

Submitted July 15, 2003.* Pasadena, California.

Opinion by Judge WARDLAW. Partial Concurrence and Partial Dissent by Judge KLEINFELD.

OPINION

WARDLAW, Circuit Judge.

Samuel Arellano-Gallegos appeals his 51-month sentence imposed following his guilty plea to illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a). Arellano challenges the waiver provision in his plea agreement, and claims the...

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