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U.S. v. RANGEL DE AGUILAR

No. 01-3153.

308 F.3d 1134 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Marina RANGEL DE AGUILAR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 22, 2002.

Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), Wichita, KS, for Defendant-Appellant.

Michael G. Christensen, Assistant United States Attorney (James E. Flory, United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.

Before SEYMOUR, ALARCÓN, and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

Marina Rangel de Aguilar was charged with illegal reentry into the United States after a prior removal in violation of 8 U.S.C. § 1326(a) and (b)(2). She filed a motion to dismiss the indictment, contending the fact of her prior deportation should not be allowed as evidence in the case against her because the expedited administrative procedure used to deport her had violated her right to due process of law. The district court denied the...

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