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U.S. v. NUNEZ-RODELO

No. 03-10660.

378 F.3d 877 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon NUNEZ-RODELO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2004.

Attorney(s) appearing for the Case

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

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

Before: FERNANDEZ, PAEZ, and CLIFTON, Circuit Judges.

FERNANDEZ, Circuit Judge.

Ramon Nunez-Rodelo appeals his sentence, imposed after a guilty plea, for unlawful reentry by a deported, removed, or excluded alien, in violation of 8 U.S.C. § 1326(a). He claims that because he was "removed" he could not be sentenced pursuant to 8 U.S.C. § 1326(b)(2).1 We affirm on that issue.

BACKGROUND

Following a felony conviction for drug trafficking, Nunez was deported from the...

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