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U.S. v. SALDIVAR-TRUJILLO

No. 03-1728.

380 F.3d 274 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Martin SALDIVAR-TRUJILLO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 26, 2004.

Attorney(s) appearing for the Case

Daniel Y. Mekaru (argued and briefed), Assistant United States Attorney, Grand Rapids, MI, for Plaintiff-Appellee.

Paul L. Nelson (argued and briefed), Federal Public Defenders Office, Grand Rapids, MI, for Defendant-Appellant.

Before KRUPANSKY and GILMAN, Circuit Judges; MAYS, District Judge.

OPINION

GILMAN, Circuit Judge.

Martin Saldivar-Trujillo, a convicted felon who had previously been deported as an illegal alien, pled guilty to one count of again being present in the United States without authorization. His renewed presence violated 8 U.S.C. § 1326(a) and (b)(2). The prior aggravated felony occurred in Wisconsin, where Saldivar-Trujillo was convicted of possessing marijuana with the intent to deliver. After he pled guilty, but before...

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