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UNITED STATES v. BASTIDE-HERNANDEZ

No. 19-30006.

986 F.3d 1245 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Carlos BASTIDE-HERNANDEZ, aka Jesus Chavez-Gongoria, aka Domingo Chavez-Lopez, aka Francisco Soto Hernandez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2021.

Attorney(s) appearing for the Case

Richard C. Burson (argued), Assistant United States Attorney; William D. Hyslop , United States Attorney; United States Attorney's Office, Yakima, Washington; for Plaintiff-Appellant.

Paul E. Shelton (argued), Federal Defenders of Eastern Washington, Yakima, Washington, for Defendant-Appellee.

Dissent by Judge Milan D. Smith, Jr.

OPINION

The United States challenges the district court's dismissal of an indictment charging Juan Carlos Bastide-Hernandez with illegal reentry after removal, in violation of 8 U.S.C. § 1326. We reverse.

I

Bastide-Hernandez, a citizen and native of Mexico, first entered the United States without...

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