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U.S. v. GONZALEZ-VALERIO

No. 02-50260.

342 F.3d 1051 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Marco Gonzalez-Valerio, aka Marcos Valerio, aka Marcos Gonzalez Valerio, aka Marcos Gonzalez-Valerio, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.

Attorney(s) appearing for the Case

Kevin M. Lally, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellant.

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellee.

Before: Harry Pregerson, A. Wallace Tashima, and Richard R. Clifton, Circuit Judges.

Argued and Submitted April 9, 2003 — Pasadena, California.

OPINION

TASHIMA, Circuit Judge.

The United States appeals the district court's dismissal of the indictment against Marco Gonzalez-Valerio ("Gonzalez") for being found in the United States after a prior deportation, in violation of 8 U.S.C. § 1326. The district court found the underlying deportation order to be invalid because the immigration judge ("IJ") violated Gonzalez's right...

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