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UNITED STATES v. HERNANDEZ-GARCIA

No. 20-50228.

32 F.4th 1207 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Clemente HERNANDEZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2022.

Attorney(s) appearing for the Case

Kara Hartzler (argued), Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Daniel E. Zipp (argued), Assistant United States Attorney; Randy S. Grossman , Acting United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: Mary M. Schroeder, Kermit V. Lipez, and Kenneth K. Lee, Circuit Judges.

OPINION

Near the midnight hour in a remote area along the California-Mexico border, Clemente Hernandez-Garcia scaled a border fence and unlawfully entered the United States. But he could not evade detection even under the cover of darkness and desolation near the border: A Marine Corps surveillance unit using a night...

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