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U.S. v. CRUZ-ESCOTO

No. 05-50892.

476 F.3d 1081 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael CRUZ-ESCOTO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2007.

Attorney(s) appearing for the Case

Martha M. Hall, San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Roger W. Haines, Assistant United States Attorney, Mark R. Rehe, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before EUGENE E. SILER, JR., A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

SILER, Circuit Judge.

Rafael Cruz-Escoto appeals his jury conviction and sentence for being a deported alien found in the United States without permission, in violation of 8 U.S.C. § 1326. He presents six arguments on appeal: (1) the evidence was insufficient to support the verdict; (2) the district court improperly instructed the jury; (3) the district court violated his Fifth and Sixth Amendment rights by excluding...

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