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U.S. v. LUNA

No. 05-1122.

436 F.3d 312 (2006)

UNITED STATES of America, Appellee, v. Dagoberto LUNA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Edward C. Roy, Assistant Federal Public Defender, for appellant.

Robert Clark Corrente, United States Attorney, with whom Donald C. Lockhart and Luis M. Matos, Assistant United States Attorneys, were on brief, for appellee.

Before LIPEZ, Circuit Judge, COFFIN, Senior Circuit Judge, and CARTER, Senior District Judge.

LIPEZ, Circuit Judge.

This case requires us to analyze the statutory provision (8 U.S.C. § 1326(d)) that defines the circumstances under which a defendant charged with illegally reentering the United States after deportation may collaterally attack the validity of the removal order.1 The defendant, Dagoberto Luna, appeals from the district court's denial of his motion to dismiss his indictment for illegal reentry. The district court...

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