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U.S. v. VALDEZ-NOVOA

No. 12-50336.

760 F.3d 1013 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus VALDEZ-NOVOA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2014.

Attorney(s) appearing for the Case

Kristi A. Hughes (argued) and Lauren D. Cusick , Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

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

Opinion by Judge Bybee; Dissent by Judge McKeown.

OPINION

BYBEE, Circuit Judge:

Jesus Valdez-Novoa, a native and citizen of Mexico, appeals his conviction for attempting to enter the United States without consent after having been previously removed in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291. We affirm.

Valdez-Novoa entered the U.S. without inspection in 1983 and has never obtained legal status. On June 11, 1999, an Immigration Judge (IJ) deemed Valdez...

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