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U.S. v. DIAZ-LUEVANO

No. 05-50129.

494 F.3d 1159 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Luis DIAZ-LUEVANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Vacated March 1, 2006.

Resubmitted July 11, 2007.

Filed July 18, 2007.

Attorney(s) appearing for the Case

Marisa L. Dersey & Zandra L. Lopez, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, Roger W. Haines, Jr., Garrett M. Heenan & Mary D. Fan, United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: ALEX KOZINSKI, STEPHEN S. TROTT, and CARLOS T. BEA, Circuit Judges.

PER CURIAM:

Appellant Luis Diaz-Luevano appeals his conviction and sentence for illegal reentry in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.1 We clarify that our holding in Morales-Izquierdo v. Gonzales, 486 F.3d 484 (9th Cir.2007) (en banc), does not overrule United States v. Luna-Madellaga, 315 F.3d 1224

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