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U.S. v. SANDOVAL-ORELLANA

No. 12-50095.

714 F.3d 1174 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Irvin SANDOVAL-ORELLANA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2013.

Attorney(s) appearing for the Case

L. Marcel Stewart , San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , United States Attorney; Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division; and Victor P. White (argued), Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: SIDNEY R. THOMAS and ANDREW D. HURWITZ, Circuit Judges, and RALPH R. BEISTLINE, Chief District Judge.

OPINION

BEISTLINE, Chief District Judge:

Irvin Sandoval-Orellana appeals his conviction of attempted entry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I.

Sandoval-Orellana was born in Guatemala in 1979 and was admitted to the United States on or about August 28, 1992, as a lawful permanent resident. In August 2003, he was...

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