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U.S. v. LOMBERA-VALDOVINOS

No. 04-50390.

429 F.3d 927 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel LOMBERA-VALDOVINOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2005.

Attorney(s) appearing for the Case

Timothy A. Scott, San Diego, CA, for the defendant-appellant.

Ileana M. Ciobanu, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: B. FLETCHER, RYMER and FISHER, Circuit Judges.

FISHER, Circuit Judge:

Defendant-appellant Miguel Lombera-Valdovinos ("defendant") principally appeals the district court's denial of his motion for acquittal after a jury returned a guilty verdict for attempted illegal reentry.1 We have jurisdiction under 28 U.S.C. § 1291.

We consider the question of whether it is possible to convict a previously deported alien for attempted illegal...

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