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U.S. v. RIVERA-RELLE

No. 02-50211.

322 F.3d 670 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio RIVERA-RELLE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2003.

Attorney(s) appearing for the Case

Ross E. Viselman, San Diego, CA, for the appellant.

Carol C. Lam, United States Attorney, David P. Curnow, Assistant United States Attorney, San Diego, CA, for the appellee.

Before: HALL, THOMPSON, and BERZON, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Antonio Rivera-Relle, a previously deported alien, appeals his conviction for attempting to enter the United States without the consent of the Attorney General in violation of 8 U.S.C. § 1326. Rivera assigns two errors to his conviction. First, he contends that to be guilty of the crime of attempting to enter the United States, the government must prove beyond a reasonable doubt that he never, in fact, succeeded in...

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