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U.S. v. FUNEZ-PINEDA

No. 12-592-cr.

UNITED STATES OF AMERICA, Appellee, v. OSCAR ENRIQUE FUNEZ-PINEDA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

January 29, 2013.

Attorney(s) appearing for the Case

BARCLAY T. JOHNSON , for Michael L. Desautels , Federal Public Defender, District of Vermont, Burlington, Vermont, Appearing for Appellant.

WENDY L. FULLER , ( Gregory L. Waples , on the brief), Assistant United States Attorneys, for Tristram J. Coffin , United States Attorney for the District of Vermont, Burlington, Vermont, Appearing for Appellee.

PRESENT: PIERRE N. LEVAL, REENA RAGGI, DEBRA ANN LIVINGSTON,

SUMMARY ORDER

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment entered on February 8, 2012, is AFFIRMED.

Defendant Oscar Enrique Funez-Pineda stands convicted on a guilty plea of illegal reentry after deportation following conviction for an aggravated felony. See 8 U.S.C. § 1326(a). Pursuant to reservation, he appeals the district court's refusal to dismiss his indictment, arguing that his...

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