U.S. v. RESENDIZ-PONCE

No. 04-10302.

425 F.3d 729 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Juan RESENDIZ-PONCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2005.


Attorney(s) appearing for the Case

Atmore L. Baggot, Apache Junction, AZ, for the defendant-appellant.

Raynette M. Logan, Joseph Koehler, Assistant U.S. Attorneys, Phoenix, AZ, for the plaintiff-appellee.

Before GOODWIN, REAVLEY, and RAWLINSON, Circuit Judges.


GOODWIN, Circuit Judge.

Juan Resendiz-Ponce, a native and citizen of Mexico, challenges his conviction and sentence for attempting to reenter the United States after having been previously deported subsequent to committing an aggravated felony, pursuant to 8 U.S.C. § 1326(a), (b)(2). He argues that (1) the indictment did not adequately allege an overt act; (2) his Miranda rights were violated; (3) the judge erroneously rejected his proffered jury instructions...

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