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U.S. v. VALDAVINOS-TORRES

No. 11-50529.

704 F.3d 679 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge VALDAVINOS-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2012.

Attorney(s) appearing for the Case

Charlotte E. Kaiser (argued), Bruce R. Castetter , United States Attorneys Office, San Diego, CA, for Plaintiff-Appellee.

James Fife , Federal Defenders of San Diego, San Diego, CA, for Defendant-Appellant.

Before: ALFRED T. GOODWIN and DIARMUID F. O'SCANNLAIN, Circuit Judges, and JACK ZOUHARY, District Judge.

OPINION

ZOUHARY, District Judge:

INTRODUCTION

Jorge Valdavinos-Torres ("Valdavinos") was ordered removed in 2008 after immigration court proceedings. Sometime after his removal, Valdavinos returned to the United States without permission, and in 2010 was arrested and convicted for possession of methamphetamine in violation of California law. After serving a short jail sentence, Valdavinos was turned over to

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