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U.S. v. GONZALEZ-DIAZ

Nos. 10-30002, 10-30030.

630 F.3d 1239 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Javier Dolores GONZALEZ-DIAZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Javier Dolores Gonzalez-Diaz, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2011.

Attorney(s) appearing for the Case

Anthony R. Gallagher , Federal Defender, Federal Defenders of Montana, Great Falls, MT, for the defendant-appellant.

Michael W. Cotter , United States Attorney, Bryan R. Whittaker (argued), Assistant United States Attorney, Helena, MT, for the plaintiff-appellee.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and JAMES P. JONES, District Judge.

OPINION

FISHER, Circuit Judge:

Javier Dolores Gonzalez-Diaz appeals his conviction for being "found in" the United States following deportation, in violation of 8 U.S.C. § 1326. Gonzalez-Diaz was living in the United States unlawfully from April 2009 through June 19, 2009. On June 19, he drove into Canada. On the Canadian side of the border, Canadian immigration officers issued him a form permitting his entry for further examination, transported him...

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