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U.S. v. URIBE-RIOS

No. 07-4803.

558 F.3d 347 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Fausto URIBE-RIOS, a/k/a Francisco Medina, a/k/a Efrain Gomez Gonzalez, a/k/a Francisco Uribe-Rios, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Steven Slawinski, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge BENNETT concurred.

OPINION

DUNCAN, Circuit Judge:

Appellant, Fausto Miguel Uribe-Rios, appeals his conviction and sentence under 8 U.S.C. § 1326 for being "found in" the United States without the permission of the Attorney General after having previously been deported for an aggravated felony. Appellant reentered the United States under an alias and was later arrested and convicted by North Carolina authorities for drug trafficking. Upon his release from state prison...

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