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U.S. v. VALENZUELA-PUENTES

No. 04-2283.

479 F.3d 1220 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Natividad VALENZUELA-PUENTES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 15, 2007.

Attorney(s) appearing for the Case

Rosanne Camuñez of Las Cruces, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before TACHA, Chief Judge, and SEYMOUR, and BRISCOE, Circuit Judges.

SEYMOUR, Circuit Judge.

Jose Natividad Valenzuela-Puentes, a native of Mexico, is charged with reentering the United States after being previously deported following a conviction for an aggravated felony in violation of 8 U.S.C. § 1326(a)(1), (2) and 8 U.S.C. § 1326(b)(2). The district court found him incompetent to stand trial and ordered him sent to a federal medical center for a four-month evaluation. Hospitalization failed to render him competent, and...

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