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U.S. v. DIAZ-RAMIREZ

Nos. 10-10230, 10-10231.

646 F.3d 653 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Odi Ereldi DIAZ-RAMIREZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ismael Figueroa-Romero, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2011.

Attorney(s) appearing for the Case

Jason M. Hannan, Assistant Federal Public Defender, District of Arizona, Tucson, AZ, argued the cause and filed the briefs for the appellants. With him on the briefs was Jon M. Sands, Federal Public Defender, District of Arizona.

Bruce M. Ferg, Assistant United States Attorney, District of Arizona, Tucson, AZ, argued the cause and filed a brief for the appellee. With him on the briefs were Dennis K. Burke, United States Attorney, District of Arizona, and Christina M. Cabanillas, Appellate Chief, District of Arizona.

Before: DIARMUID F. O'SCANNLAIN and STEPHEN S. TROTT, Circuit Judges, and TENA CAMPBELL, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the taking of guilty pleas at a large group plea hearing violated the Fifth Amendment right to due process.

I

A

On November 23, 2009, Odi Ereldi Diaz-Ramirez ("Diaz") and Ismael Figueroa-Romero ("Figueroa") were arrested and charged with illegal entry into the United States, pursuant to 8 U.S.C. § 1325. Both Mexican citizens, Diaz and Figueroa were apprehended near...

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