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U.S. v. THOMPSON-RIVIERE

No. 07-4793.

561 F.3d 345 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Ray Alexander THOMPSON-RIVIERE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2009.

Attorney(s) appearing for the Case

ARGUED: Mary Elizabeth Maguire, Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Stephen Wiley Miller, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Alexandria, Virginia; N.G. Metcalf, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.

OPINION

SHEDD, Circuit Judge:

Ray Alexander Thompson-Riviere, who was born in the Panama Canal Zone, pled guilty to one count charging him with violating 8 U.S.C. § 1326(b)(4). That statute makes it a criminal offense for an alien who has previously been removed from the United States to reenter the country without the approval of the Attorney General. Before sentencing, Thompson-Riviere moved to withdraw his guilty plea, primarily contending that newly...

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