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U.S. v. RODRIGUEZ

No. 04-4178.

420 F.3d 831 (2005)

UNITED STATES of America, Appellee, v. Ernesto Garcia RODRIGUEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2005.

Attorney(s) appearing for the Case

Wallace L. Taylor, argued, Cedar Rapids, IA, for appellant.

Richard L. Murphy, argued, Assistant U.S. Attorney, Cedar Rapids, IA, for appellee.

Before MELLOY, HEANEY, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Ernesto Garcia Rodriguez appeals his conviction for illegal re-entry from Mexico in violation of 8 U.S.C. § 1326. Rodriguez collaterally attacks the prior removal order upon which his conviction is based. For the reasons discussed below, we affirm the judgment of the district court.1

I. BACKGROUND

Rodriguez, a native and citizen of Mexico, became a legal permanent resident of the United States...

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