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U.S. v. CISNEROS-RODRIGUEZ

No. 13-10645.

813 F.3d 748 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Xochitl CISNEROS-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2015.

Attorney(s) appearing for the Case

Varell Laphalle Fuller (argued), Assistant Federal Public Defender, Federal Public Defender's Office, San Jose, CA, for Defendant-Appellant.

Barbara Valliere , Chief, Appellate Division, Anne M. Voigts (argued), Assistant United States Attorney, Office of the United States Attorney, San Francisco, CA, for Plaintiff-Appellee.

Before: WILLIAM A. FLETCHER and MORGAN CHRISTEN, Circuit Judges and ROSLYN O. SILVER, Senior District Judge.

Opinion by Judge W. FLETCHER; Dissent by Judge SILVER.

OPINION

Xochitl Cisneros-Rodriguez ("Cisneros"), an undocumented alien, was convicted in 2009 of violating California narcotics laws and was subsequently placed in administrative removal proceedings. She was told by the Immigration and Customs

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