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U.S. v. OLIVARES-RANGEL

No. 04-2194.

458 F.3d 1104 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Gustavo OLIVARES-RANGEL, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 11, 2006.

Attorney(s) appearing for the Case

Mark A. Saltman, Special Assistant United States Attorney, Las Cruces, NM, (David C. Iglesias, United States Attorney, District of New Mexico, with him on the briefs), for Plaintiff-Appellant.

Barbara A. Mandel, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellee.

Before LUCERO, BALDOCK, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This case involves a prosecution under 8 U.S.C. § 1326, which makes it a crime to be present in the United States illegally after having been previously deported. Here, two border patrol agents, acting on an anonymous tip, stopped Gustavo Olivares-Rangel ("Defendant") as he was leaving a trailer park and questioned him about his identity and citizenship. After Defendant admitted to being an illegal alien, he was arrested and taken to a border...

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