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U.S. v. CRUZ-GRAMAJO

Nos. 07-50381, 07-50477, 07-50534.

570 F.3d 1162 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo CRUZ-GRAMAJO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ray Aguilar-Rodriguez, also known as Renaldo Aguilar Rodriguez, also known as Benjamin Aguilar, also known as Rey A. Rodriguez, also known as Ray Rodriguez, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ernesto Pulido, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2009.

Attorney(s) appearing for the Case

Phillip I. Bronson, Sherman Oaks, CA, for defendant-appellant, Cruz-Gramajo; Davina T. Chen, Deputy Federal Public Defender, for defendant-appellant, Aguilar-Rodriguez; Michael Tanaka, Deputy Federal Public Defender, for defendant-appellant Pulido; Gia Kim Deputy Federal Public Defender, for defendants-appellants Aguilar-Rodriguez and Pulido.

Jeff P. Mitchell, Assistant United States Attorney, Domestic Security and Immigration Crimes Section; Erik M. Silber, Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge HALL; Partial Concurrence and Partial Dissent by Judge PREGERSON.

HALL, Circuit Judge:

These consolidated cases concern the Sentencing Guidelines applicable to illegal reentry into the United States in violation of 8 U.S.C. § 1326. The facts in each case are similar. Defendants are foreign citizens who were deported and then returned to this country without permission. After their illegal reentries—but before immigration authorities discovered them—Defendants committed and were convicted for various state law...

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