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U.S. v. ALDANA

No. 16-50372, No. 16-50385.

878 F.3d 877 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael ALDANA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Julio Cesar Suarez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2017.

Attorney(s) appearing for the Case

Doug Keller (argued), Federal Defenders of San Diego Inc., San Diego, California, for Defendants-Appellants.

Daniel E. Zipp (argued), Assistant United States Attorney; Helen H. Hong , Chief, Appellate Section, Criminal Division; Alana W. Robinson , Acting United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: William A. Fletcher and Sandra S. Ikuta, Circuit Judges, and Sarah Evans Barker, District Judge.

OPINION

Rafael Aldana and Julio Cesar Suarez were each convicted of the misdemeanor offense of "attempt[ing] to enter the United States at any time or place other than as designated by immigration officers," in violation of 8 U.S.C. § 1325(a)(1). While not disputing that they entered the United States miles away...

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