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UNITED STATES v. LEAL-MONROY

No. 19-2745.

988 F.3d 1077 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Arturo LEAL-MONROY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2021.

Attorney(s) appearing for the Case

Michael L. Cheever , Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Laura M. Provinzino , Minneapolis, MN, Lisa D. Kirkpatrick , Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN, for Plaintiff-Appellant.

Arturo Leal-Monroy, Fairmont, MN, Pro Se.

Douglas Olson , Eric Riensche , Assistant Federal Public Defenders, Federal Public Defender's Office, Minneapolis, MN, for Defendant-Appellee.

Before COLLOTON, GRASZ, and STRAS, Circuit Judges.

The government appeals an order of the district court dismissing an indictment that charged Arturo Leal-Monroy with illegal reentry to the United States under 8 U.S.C. § 1326(a), (b)(2). We conclude that the district court erred in ruling that Leal-Monroy made a sufficient showing to attack the deportation order that...

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