U.S. v. GONZALEZ-MELCHOR

No. 10-50111.

648 F.3d 959 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel GONZALEZ-MELCHOR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2011.


Attorney(s) appearing for the Case

Kristi A. Hughes , Federal Public Defender, San Diego, CA, Attorney for the defendant-appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Assistant United States Attorney, and Rebecca S. Kanter , Assistant United States Attorney, San Diego, CA, Attorneys for the plaintiff-appellee.

Before: D.W. NELSON, Senior Circuit Judge, and JAY S. BYBEE and MILAN D. SMITH, JR., Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

Defendant-Appellant Manuel Gonzalez-Melchor appeals his conviction and sixty-three-month sentence for reentry after deportation in violation of 8 U.S.C. § 1326. Gonzalez-Melchor contends that his deportation was invalid because the immigration judge (IJ) failed to advise him of his eligibility for voluntary departure. The government claims that we need not reach that question because Gonzalez-Melchor waived his right...

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