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U.S. v. NGUYEN

No. 06-30011.

465 F.3d 1128 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Dal Van NGUYEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2006.

Attorney(s) appearing for the Case

Kevin F. McCoy, United States Assistant Federal Defender, Anchorage, AK, for the appellant.

Deborah M. Smith, Acting United States Attorney; Todd Mikolop, Special Assistant United States Attorney; Thomas C. Bradley (argued), Assistant United States Attorney, Anchorage, AK, for the appellee.

Before: REINHARDT, McKEOWN, and CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

Defendant Dal Van Nguyen appeals his conviction under 8 U.S.C. § 1253(b) for willful failure to comply with terms of release under supervision. The term in question required that Nguyen not "commit any crimes." His conviction was based solely upon proof that he had previously been convicted of two Alaska state misdemeanors following pleas of nolo contendere. Nguyen argues on appeal that, because a nolo contendere plea is...

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