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U.S. v. DIAZ-ARGUETA

No. 05-10224.

564 F.3d 1047 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Anibal Jose DIAZ-ARGUETA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2009.

Attorney(s) appearing for the Case

Cynthia S. Hahn, Reno, NV, for the defendant-appellant.

R. Don Gifford, Assistant United States Attorney, for the plaintiff-appellee.

Before: JOHN T. NOONAN, A. WALLACE TASHIMA, and W. FLETCHER, Circuit Judges.

ORDER

Our opinion, dated May 16, 2006, is hereby withdrawn.

The petition for rehearing is DENIED. No further petitions for rehearing will be entertained.

OPINION

NOONAN, Circuit Judge:

Anibal Jose Diaz-Argueta (Diaz) appeals the sentence he received from the district court after pleading guilty to illegally reentering the United States following deportation in violation of 8 U.S.C. § 1326. We affirm the sentence of the district...

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