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U.S. v. CASTILLO-BASA

No. 05-50768.

483 F.3d 890 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Buenaventura CASTILLO-BASA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2007.

Amended April 24, 2007.

Attorney(s) appearing for the Case

Michael Edmund Burke, San Diego, CA, for the defendant-appellant.

Valerie H. Chu, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before STEPHEN REINHARDT, STEPHEN S. TROTT, and KIM McLANE WARDLAW, Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

REINHARDT, Circuit Judge.

ORDER

The opinion filed February 26, 2007, is hereby amended. The following sentence at 478 F.3d 1033 is deleted:

To prove previous deportation — the third element and the only one in dispute at Castillo-Basa's trial — the government must establish, as the district court instructed the jury, "[(1)] that a deportation...

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