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U.S. v. GONZALEZ-VILLALOBOS

No. 12-30150.

724 F.3d 1125 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Encarnacion GONZALEZ-VILLALOBOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2013.

Attorney(s) appearing for the Case

Nicholas Marchi (argued), Carney & Marchi, P.S., Seattle, WA, for Defendant-Appellant.

Alexander C. Ekstrom , Assistant United States Attorney (argued), and Michael C. Ormsby , United States Attorney, Yakima, WA, for Plaintiff-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge:

Defendant Encarnacion Gonzalez-Villalobos appeals his conviction for illegal reentry after a prior deportation in violation of 8 U.S.C. § 1326. In the district court he moved to dismiss the indictment on the ground that the prior deportation order was fundamentally unfair. See 8 U.S.C. § 1326(d). After the district court denied his motion, Gonzalez-Villalobos entered a conditional guilty plea, preserving his...

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