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U.S. v. ALVAREZ-PEREZ

No. 09-50334.

629 F.3d 1053 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco ALVAREZ-PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2010.

Attorney(s) appearing for the Case

Bridget L. Kennedy (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Karen P. Hewitt , United States Attorney, Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, and Victor P. White (argued), Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, KIM McLANE WARDLAW, Circuit Judge, and JAMES K. SINGLETON, Senior District Judge.

OPINION

SINGLETON, Senior District Judge:

Francisco Alvarez-Perez ("Alvarez") appeals his conviction of being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Alvarez contends that his prosecution violated the Speedy Trial Act ("STA") because the permitted 70-day period was exceeded.

FACTS

The material facts are largely undisputed. Alvarez was arrested on May 12, 2007. On May 15, 2007, he was charged...

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