UNITED STATES v. PALOMAR-SANTIAGO

No. 19-10011.

1 F.4th 1205 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Refugio PALOMAR-SANTIAGO, aka Refugio Santiago Palomar, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2021.


ORDER

The Supreme Court recently reversed the judgment in this case, and remanded it to this court for further proceedings. United States v. Palomar-Santiago, 593 U.S. ___, 141 S.Ct. 1615, ___ L.Ed.2d ___ (2021).

We previously affirmed the district court's dismissal of the indictment alleging a violation of 8 U.S.C. § 1326, relying on this court's precedent excusing a defendant from proving all of the elements of § 1326(d) when "the crime...

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