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U.S. v. ORTIZ-LOPEZ

No. 03-10339.

385 F.3d 1202 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian ORTIZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2004.

Attorney(s) appearing for the Case

Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Robert A. Bork, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before: B. FLETCHER, TROTT and FISHER, Circuit Judges.

PER CURIAM:

Adrian Ortiz-Lopez challenges his conviction under 8 U.S.C. § 1326 for illegal reentry into the United States following removal. He bases his challenge on a collateral attack on the underlying removal. Ortiz-Lopez argues, and the government agrees, that in his removal proceeding the Immigration Judge ("IJ") did not inform him that he was eligible for a fast-track voluntary departure under 8 U.S.C. § 1229c(a)(1). We conclude that the district...

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