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U.S. v. SANDOVAL

No. 03-4161.

390 F.3d 1294 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Joselito SANDOVAL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 8, 2004.

Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Sharon Preston, Salt Lake City, UT, for Defendant-Appellant.

Before SEYMOUR, MURPHY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Joselito Sandoval was removed from the United States to El Salvador in 1999. After he entered the United States through Mexico in 2002, Mr. Sandoval was arrested and charged with illegal reentry of a removed alien in violation of 8 U.S.C. § 1326. Mr. Sandoval entered a plea of guilty, but, immediately before sentencing, he filed a motion to withdraw his plea on the ground that his counsel failed to advise him of an available defense...

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