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U.S. v. CASASOLA

No. 10-50376.

670 F.3d 1023 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo Adolfo Suchite CASASOLA, aka Casasola Suchite, aka Gustavo Suchite, aka Gustavo Adolfo Suchite, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2012.

Attorney(s) appearing for the Case

David M. Herzog , Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee United States of America.

Davina T. Chen , Department of Federal Public Defenders, Los Angeles, CA, for defendant-appellant Gustavo Adolfo Suchite Casasola, etc.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and MICHAEL PATRICK McCUSKEY, Chief District Judge.

OPINION

SCHROEDER, Circuit Judge:

I. INTRODUCTION

Gustavo Adolfo Suchite Casasola ("Suchite"), a Guatemalan citizen, appeals his conviction and sentence for illegal reentry into the United States after removal, in violation of 8 U.S.C. § 1326. Suchite challenges the validity of his underlying removal, contending that he is a U.S. citizen. Suchite argues that he automatically derived U.S. citizenship...

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