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U.S. v. SALAZAR-GONZALEZ

No. 04-50411.

445 F.3d 1208 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Gumereindo SALAZAR-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2006.

Attorney(s) appearing for the Case

Vincent J. Brunkow, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Shanna L. Dougherty, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

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

OPINION

FISHER, Circuit Judge.

Defendant-appellant Gumercindo Salazar-Gonzalez ("Salazar-Gonzalez") appeals his conviction for being found in the United States without the consent of the Attorney General in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. At trial, the district court refused to give Salazar-Gonzalez's proposed jury instruction requiring the government to prove beyond a reasonable doubt that Salazar-Gonzalez...

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