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U.S. v. VALDIVIEZ-GARZA

No. 11-10105.

669 F.3d 1199 (2012)

UNITED STATES of America, Petitioner-Appellee, v. Emiliano VALDIVIEZ-GARZA, a.k.a. Ismael Valdiviez, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

Karin Bethany Hoppmann , Donald L. Hansen , Robert E. O'Neill , Tampa, FL, for Petitioner-Appellee.

John L. Badalamenti , Fed. Pub. Def., Yvette Clair Gray , Fed. Pub. Defender's Office, Tampa, FL, Donna Lee Elm , Fed. Pub. Defender's Office, Orlando, FL, for Defendant-Appellant.

Before TJOFLAT and BARKETT, Circuit Judges, and SMOAK, District Judge.

BARKETT, Circuit Judge:

Emiliano Valdiviez-Garza appeals the denial of his motion to dismiss the indictment charging him with one count of illegal reentry by an alien who had been previously removed or deported, in violation of 8 U.S.C. § 1326(a) and (b)(2).1 To convict on this charge the Government has to establish beyond a reasonable doubt that Valdiviez-Garza: (1) was an alien at the...

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