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GARCIA-AGUILAR v. U.S. COURT FOR S.D. CAL.

Nos. 07-70293, 07-71177, 07-71408.

535 F.3d 1021 (2008)

Guillermo GARCIA-AGUILAR, Petitioner, v. UNITED STATES DISTRICT COURT FOR The SOUTHERN DISTRICT OF CALIFORNIA, Respondent, United States of America, Real Party in Interest. In re Erick Manjarrez-Cervantez, Petitioner, Erick Manjarrez-Cervantez, Petitioner, v. United States District Court for the Southern District of California, Respondent, United States of America, Real Party in Interest. In re Fredis Avilio Mejia-Lemus, Fredis Avilio Mejia-Lemus, Petitioner, v. United States District Court for the Southern District of California, Respondent, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2008.

Attorney(s) appearing for the Case

David J. Zugman and John C. Lemon, San Diego, CA, for petitioner Guillermo Garcia-Aguilar.

Zandra L. Lopez, San Diego, CA, and Michelle Betancourt, Federal Defenders of San Diego, Inc., San Diego, CA, for petitioner Erick Manjarrez-Cervantez.

Zandra L. Lopez, San Diego, CA, and Shaffy Moeel, Federal Defenders of San Diego, Inc., San Diego, CA, for petitioner Fredis Avilio Mejia-Lemus.

Roger W. Haines, Jr., and Christopher A. Ott, Assistant U.S. Attorneys, San Diego, CA, for the United States, the real party in interest.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN, Circuit Judge, and ROBERT E. JONES, District Judge.

KOZINSKI, Chief Judge:

We consider the district court's refusal to accept defendants' unconditional guilty pleas.

Facts

These consolidated cases show again why the ten most terrifying words in the English language may be, "I'm from the government and I'm here to help you." Defendants pled guilty to re-entering the country illegally after having been previously removed, in violation of 8 U.S.C. § 1326. Their guilty pleas were taken by magistrate...

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