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U.S. v. AMEZCUA-VASQUEZ

No. 07-50239.

567 F.3d 1050 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Javier AMEZCUA-VASQUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2009.

Attorney(s) appearing for the Case

Janet C. Tung, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Christopher M. Alexander, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before WILLIAM C. CANBY, JR., ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

CANBY, Circuit Judge:

OVERVIEW

Javier Amezcua-Vasquez ("Amezcua"), a native and citizen of Mexico, appeals his 52-month prison sentence for attempting to reenter the United States unlawfully in violation of 8 U.S.C. § 1326. Nearly fifty years after becoming a permanent resident and more than twenty years after completing a four-year sentence for assault with great bodily injury and attempted voluntary manslaughter, Amezcua was deported

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