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U.S. v. GARCIA-GONZALEZ

No. 13-50369.

791 F.3d 1175 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo GARCIA-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2015.

Attorney(s) appearing for the Case

Kara Hartzler , Federal Public Defender of San Diego, Inc., 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 Anne Kristina Perry , Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: MICHAEL R. MURPHY, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

I. INTRODUCTION

A grand jury indicted Gustavo Garcia-Gonzalez1 on one count of being a previously removed alien illegally found in the United States, in violation of 8 U.S.C. § 1326(a). Garcia moved the district court to dismiss the indictment, arguing the prior...

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