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U.S. v. ARGUETA-ROSALES

Nos. 14-50384, 14-50385.

819 F.3d 1149 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Omar ARGUETA-ROSALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2016.

Attorney(s) appearing for the Case

Doug Keller , Federal Defenders 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 Francis A. DiGiacco (argued), Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge BYBEE.

OPINION

At trial on the charge of attempted illegal reentry into the United States, Omar Argueta-Rosales presented evidence that he crossed into the United States in a delusional state, believing he was being chased by Mexican gangs, and with the specific intent solely to place himself into the protective custody...

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