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U.S. v. LUNA-MADELLAGA

No. 02-10157.

315 F.3d 1224 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Fidel LUNA-MADELLAGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2003.

Attorney(s) appearing for the Case

Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant.

Ronald C. Rachow, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

Before: RYMER, THOMAS and SILVERMAN, Circuit Judges.

Opinion by Judge RYMER; Dissent by Judge THOMAS.

RYMER, Circuit Judge.

Fidel Luna-Madellaga appeals from the 78-month sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326(a). The question presented here is whether Luna-Madellaga is subject to the enhanced penalty provided by § 1326(b)(2) for "removal [that] was subsequent to a conviction...

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