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U.S. v. OSEGUERA-MADRIGAL

No. 11-30360.

700 F.3d 1196 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Marcelino OSEGUERA-MADRIGAL, AKA Marcelino Oseguerra-Madrigal, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2012.

Attorney(s) appearing for the Case

Nicholas Marchi , Carney & Marchi, Seattle, WA, for the defendant-appellant.

Alexander C. Ekstrom , Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Marcelino Oseguera-Madrigal ("Oseguera") appeals his conviction and sentence on a conditional guilty plea for being an alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. He challenges the district court's dismissal of his collateral attack on the underlying removal order. We affirm the conviction and find no abuse of discretion in the district court's sentencing decision. Accordingly...

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