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U.S. v. VILLARREAL SILVA

No. 18-4652.

931 F.3d 330 (2019)

UNITED STATES of America, Plaintiff - Appellee, v. Omar VILLARREAL SILVA, a/k/a Nolberto Ruiz Trinidad, a/k/a Nolberto Trinidad Ruiz, Defendant - Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2019.

Attorney(s) appearing for the Case

ARGUED: Joseph Stephen Camden , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant. Richard Daniel Cooke , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, S. David Schiller , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Keenan and Judge Quattlebaum joined.

Omar Villarreal Silva, a citizen of Mexico, was, during a traffic arrest on August 6, 2017, found in the United States after having been removed following conviction for a felony. A grand jury indicted him for violating 8 U.S.C. § 1326(a), (b)(1), which punishes "any alien who has been . . . removed. . . and thereafter...

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