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U.S. v. ROMERO-OCHOA

No. 08-30251.

554 F.3d 833 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio ROMERO-OCHOA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2009.

Attorney(s) appearing for the Case

Stephen R. Sady, Federal Public Defender, Portland, OR, for the defendant-appellant.

Karin J. Immergut and Claire M. Fay, United States Attorney, Portland, OR, for the plaintiff-appellee.

Before: ROBERT R. BEEZER, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Antonio Romero-Ochoa was indicted by a grand jury for knowingly and unlawfully re-entering the United States after having been previously arrested and deported subsequent to being convicted of an aggravated felony. In a pretrial motion, Romero-Ochoa sought dismissal of the indictment, claiming that the crime of which he was previously convicted was not an aggravated felony, and that, as a result, his indictment...

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