U.S. v. VILLAVICENCIO-BURRUEL

Nos. 09-50204, 09-50257.

608 F.3d 556 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Raul VILLAVICENCIO-BURRUEL, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Raul Villavicencio-Burruel, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2010.


Attorney(s) appearing for the Case

Laura E. Duffy, United States Attorney, Bruce R. Castetter, Mark R. Rehe, Mark Conover, Assistant United States Attorneys, United States Attorney's Office, San Diego, CA, for plaintiff-appellee and cross-appellant the United States of America.

Kristi A. Hughes, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant and cross-appellee Raul Villavicencio-Burruel.

Before: WILLIAM C. CANBY, JR., RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.


GOULD, Circuit Judge:

Raul Villavicencio-Burruel ("Villavicencio") was ordered removed in 2006 after proceedings before an immigration judge ("IJ"). After his removal, however, Villavicencio returned to the United States without permission. In 2008, Villavicencio was indicted for illegal reentry following deportation in violation of 8 U.S.C. § 1326, and for making a false claim that he had United States citizenship in...

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