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U.S. v. DEL TORO GUDINO

No. 03-30023.

376 F.3d 997 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Rene DEL TORO GUDINO, aka Rene Del Toro-Gudino, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2004.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Defender, Great Falls, MT, for the appellant.

Carl E. Rostad (argued), Assistant U.S. Attorney, and David G. Dennis (briefed), Assistant U.S. Attorney, Great Falls, MT, for the appellee.

Before KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

KLEINFELD, Circuit Judge.

The issue in this case is whether a criminal defendant's identity must be suppressed when it was disclosed as a result of an unconstitutional stop.

Rene del Toro Gudino was convicted of being found in the United States, having been deported.1 Del Toro Gudino appeals on the ground that the evidence of his identity should have been suppressed, because it was disclosed only when a deputy sheriff unconstitutionally...

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