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U.S. v. SALAZAR-LOPEZ

No. 06-50438.

506 F.3d 748 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel SALAZAR-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2007.

Attorney(s) appearing for the Case

Carey D. Gorden (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for appellant.

Karen P. Hewitt, United States Attorney; Bruce R. Castetter, Assistant United States Attorney; Christopher P. Tenorio (argued), Assistant United States Attorney, San Diego, CA, for appellee.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY D. FOGEL, District Judge.

CLIFTON, Circuit Judge:

We decide two questions. First, for a defendant convicted of being a previously removed alien found in the United States, in violation of 8 U.S.C. § 1326, we must resolve whether the dates of a previous felony conviction and of a previous removal from the United States, subsequent to that conviction, must be alleged in the indictment and proved to a jury for the defendant to be subject to an increased...

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