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U.S. v. OCHOA-COLCHADO

No. 07-4023.

521 F.3d 1292 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Juan OCHOA-COLCHADO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 2008.

Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney and Elizabethanne C. Stevens, Assistant United States Attorney, on the brief), Office of United States Attorney, Salt Lake City, UT, for Defendant-Appellee.

Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant-Appellant Juan Ochoa-Colchado (Defendant) entered a conditional guilty plea to one count of possession of firearms while being an alien illegally or unlawfully in the United States, in violation of 18 U.S.C. § 922(g)(5)(A).1 Prior to pleading guilty, Defendant moved to dismiss the indictment, arguing that he was not in the United States illegally within the meaning of the statute. The district court...

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