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U.S. v. PEREA-REY

No. 10-50632.

680 F.3d 1179 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto PEREA-REY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2012.

Attorney(s) appearing for the Case

Gregory T. Murphy , Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter and Christopher P. Tenorio , Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN and KIM McLANE WARDLAW, Circuit Judges, and WILLIAM K. SESSIONS III, District Judge.

OPINION

WARDLAW, Circuit Judge:

Border Patrol agents watched a man climb over the Mexico-United States border fence and followed him as he took a taxi to Heriberto Perea-Rey's home. An agent watched the suspected undocumented alien walk through the gated entrance to the home and knock on the front door. The agent followed him through the front yard, around the side of the house and into the carport. He found the suspect there, standing with Perea-Rey in...

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