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U.S. v. MORIEL-LUNA

No. 08-50124.

585 F.3d 1191 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel MORIEL-LUNA, Miguel Sillas Moriel, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2009.

Attorney(s) appearing for the Case

Jonathan D. Libby (argued), Federal Public Defender's Office, Los Angeles, CA, for the plaintiff-appellee.

Douglas F. McCormick (argued), Office of the U.S. Attorney, Santa Ana, CA, and Michael J. Raphael, Office of the U.S. Attorney, Los Angeles, CA, for the defendant-appellant.

Before: RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and OWEN M. PANNER, District Judge.

GOULD, Circuit Judge:

Miguel Moriel-Luna ("Moriel") appeals the district court's denial of his motion to dismiss his indictment for illegal reentry into the United States by a deported alien in violation of 8 U.S.C. § 1326. On an earlier appeal, we reversed the district court by concluding that the Immigration Judge ("IJ") at Moriel's deportation hearing should have informed Moriel of possible relief under sections 212(c) and 212(h) of the Immigration and Nationality...

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