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U.S. v. GOMEZ

No. 12-4089.

690 F.3d 194 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Mirna Del Carmen GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Joanna Beth Silver , Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Paul Nitze , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge FLOYD wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

FLOYD, Circuit Judge:

Mirna Del Carmen Gomez, a citizen of El Salvador, pleaded guilty to a charge of unlawful reentry of a deported alien after an aggravated felony conviction, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2). Although she agreed with the statement of facts submitted by the government in support of her guilty plea, Gomez objected to the government's assertion that her prior conviction for child abuse under Maryland law...

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