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U.S. v. CASTILLO-BASA

No. 05-50768.

478 F.3d 1025 (2007)

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

United States Court of Appeals, Ninth Circuit.

Filed February 26, 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: REINHARDT, TROTT, and WARDLAW, Circuit Judges.

REINHARDT, Circuit Judge:

I

This case presents an important question that cuts to the heart of the Double Jeopardy Clause. It involves the right of a defendant to be free from repeated prosecutions in which the government retries him until it obtains a guilty verdict. The government was unable to convict Castillo-Basa the first time it tried him, for illegal reentry, in large part because its counsel failed to...

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