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U.S. v. ESPARZA-GONZALEZ

No. 04-10267.

422 F.3d 897 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Osbaldo ESPARZA-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Cynthia S. Hahn (argued and briefed) and Michael K. Powell (briefed), Assistant Federal Public Defenders, Reno, NV, for the defendant-appellant.

Ronald C. Rachow, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

Before: D.W. NELSON, W. FLETCHER, and FISHER, Circuit Judges.

D.W. NELSON, Circuit Judge.

Osbaldo Esparza-Gonzalez, who is Latino, appeals from his conviction, under 8 U.S.C. § 1326(a), for being an alien unlawfully present in the United States after an earlier removal. Esparza-Gonzalez alleges that two Equal Protection violations under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), occurred during jury selection and require that his conviction be overturned...

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