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UNITED STATES v. DE LA MORA-COBIAN

No. 20-30187.

18 F.4th 1141 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge DE LA MORA-COBIAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2021.

Attorney(s) appearing for the Case

Paul E. Shelton Jr. , Federal Defenders of Eastern Washington & Idaho, Yakima, Washington, for Defendant-Appellant.

Joseph H. Harrington , Acting United States Attorney; Richard C. Burson , Assistant United States Attorney; United States Attorney's Office, Yakima, Washington; for Plaintiff-Appellee.

Before: RONALD M. GOULD, RICHARD C. TALLMAN, and PATRICK J. BUMATAY, Circuit Judges.

OPINION

Jorge De La Mora-Cobian appeals from the district court's order denying his motion to dismiss his indictment for illegal reentry under 8 U.S.C. § 1326 on the basis that he was precluded from collaterally attacking the underlying order of removal. We hold under the statutory framework enacted by Congress...

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