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U.S. v. OROCIO

No. 10-1231.

645 F.3d 630 (2011)

UNITED STATES of America v. Gerald OROCIO, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: June 29, 2011.

Attorney(s) appearing for the Case

John R. Alcorn, Esq. (Argued), Sophie M. Alcorn, Esq. , Law Offices of John R. Alcorn, Irvine, CA, for Appellant.

Mark E. Coyne, Esq. , Camelia Valdes , Office of the United States Attorney, Newark, NJ, Norman Gross, Esq. (Argued), Office of the United States Attorney, Camden, NJ, for Appellee.

Before: FUENTES and CHAGARES, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

On October 7, 2004, pursuant to a plea agreement and on advice of counsel, Gerald Orocio pled guilty in the United States District Court for the District of New Jersey to one count of simple possession of a controlled substance in violation of 21 U.S.C. § 844(a). This 2004 conviction triggered removal proceedings initiated against Mr. Orocio some years later.1 Mr. Orocio then...

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