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U.S. v. PADILLA

Nos. 02-50636, 03-50286.

387 F.3d 1087 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas PADILLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2004.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

William C. Bottger, Jr., Assistant United States Attorney, Terrorism & Organized Crime Section, Los Angeles, CA, for the plaintiff-appellee.

Before WALLACE, CANBY, JR., and THOMAS, Circuit Judges.

CANBY, Circuit Judge.

Nicholas Padilla appeals his jury conviction of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Padilla argues that his motion for new trial should have been granted because, after his conviction, a state court invalidated his predicate state conviction nunc pro tunc. Padilla also challenges the district court's admission of a statement obtained from him allegedly in violation of Miranda v. Arizona...

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