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U.S. v. AGUIRRE-TELLO

No. 02-2049.

353 F.3d 1199 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Ricardo Aguirre-Tello, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 6, 2004.

Attorney(s) appearing for the Case

Laura Fashing, Assistant United States Attorney, Albuquerque, NM (David C. Iglesias, United States Attorney, Albuquerque, NM, and Peter S. Levitt, Assistant United States Attorney, Las Cruces, NM, on the briefs), for Plaintiff-Appellant.

Felipe D.J. Millan, El Paso, TX, for the Defendant-Appellee.

Before TACHA, Chief Judge, HOLLOWAY, SEYMOUR, ANDERSON, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The United States appeals from an order of the district court dismissing the indictment against defendant/appellee Ricardo Aguirre-Tello, charging him with illegal re-entry into the United States after having been deported, in violation of 8 U.S.C. § 1326(a), (b)(2). The district court dismissed the charge after concluding that Aguirre-Tello's underlying deportation proceeding had been fundamentally unfair. A divided panel...

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