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U.S. v. VALLE

No. 18-50199.

940 F.3d 473 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Sebastian VALLE, aka Miguel Sebastian Balle, aka Miguel Valle Cruz, aka Miguel Valle Sebastian, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2019.

Attorney(s) appearing for the Case

Brianna Fuller Mircheff (argued), Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellant.

Lawrence E. Kole (argued), Assistant United States Attorney; Dennise D. Willett , Assistant United States Attorney, Chief, Santa Ana Branch Office; Nicola T. Hanna , United States Attorney; United States Attorney's Office, Santa Ana, California; for Plaintiff-Appellee.

Before: Milan D. Smith, Jr. and Michelle T. Friedland, Circuit Judges, and Stanley A. Bastian, District Judge.

OPINION

This appeal requires us to evaluate the Government's burden of proof in demonstrating the applicability of sentencing enhancements for an illegal reentry crime. Specifically, we consider whether the Government can establish by clear and convincing evidence a non-citizen's continuous presence in the United...

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