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U.S. v. NAVARRO-DIAZ

No. 04-3954.

420 F.3d 581 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gildardo NAVARRO-DIAZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2005.

Attorney(s) appearing for the Case

ARGUED: John H. Rion, Rion, Rion & Rion, Dayton, Ohio, for Appellant. Laura I. Clemmens, Assistant United States Attorney, Dayton, Ohio, for Appellee. ON BRIEF: John H. Rion, Rion, Rion & Rion, Dayton, Ohio, for Appellant. Laura I. Clemmens, Assistant United States Attorney, Dayton, Ohio, for Appellee.

Before: NELSON and GILMAN, Circuit Judges; DONALD, District Judge.

OPINION

GILMAN, Circuit Judge.

Gildardo Navarro-Diaz, a citizen of Mexico, was arrested by the police when he was found in a hotel room with several other men who were armed and in possession of marijuana. After the district court denied Navarro-Diaz's motion to suppress his identity, he pled guilty to being an alien who had previously been deported and who was present in the United States without the permission of the Attorney General, in violation of 8...

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