U.S. v. RUVALCABA-GARCIA

No. 17-50288.

923 F.3d 1183 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Mario RUVALCABA-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2019.


Attorney(s) appearing for the Case

Kara Hartzler (argued), Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Zachary J. Howe (argued) and Nicole Ries Fox , Assistant United States Attorneys; Helen H. Hong , Chief, Appellate Section; Adam L. Braverman , United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: Susan P. Graber and Jay S. Bybee, Circuit Judges, and M. Douglas Harpool, District Judge.


OPINION

Mario Ruvalcaba-Garcia was convicted of violating 8 U.S.C. § 1326(a) for illegally reentering the United States after having been removed. His conviction was predicated on a removal order from 2015, and his defense at trial was that he was not the person removed in 2015. To prove he was that person, the government called...

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