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U.S. v. ARIAS-ORDONEZ

No. 08-10259.

597 F.3d 972 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Noe ARIAS-ORDONEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2010.

Attorney(s) appearing for the Case

Owen P. Martikan, San Francisco, CA, for the plaintiff-appellant.

Elizabeth M. Falk, San Francisco, CA, for the defendant-appellee.

Before MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and MILTON I. SHADUR, District Judge.

SCHROEDER, Circuit Judge:

This government appeal arises in the context of an apparently routine prosecution for reentry after removal under 8 U.S.C. § 1326 that turned out to be anything but routine. The alien did everything he was instructed to do to effectuate his removal, after it had been ordered in absentia. He even sent his mother to report for removal in his place while he obtained proper identification. But the order instructing him to report for removal...

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