U.S. v. REYES-BONILLA

No. 10-50361.

671 F.3d 1036 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Willis Roberto REYES-BONILLA, aka Francisco Alvarado Garcia, aka Francisco Garcia Alvarado, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2012.


Attorney(s) appearing for the Case

Brendan M. Hickey , San Francisco, CA, for the defendant-appellant.

Kyle W. Hoffman , Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN and KIM McLANE WARDLAW, Circuit Judges, and BRIAN M. COGAN, District Judge.


OPINION

GOODWIN, Senior Circuit Judge:

Following a conditional guilty plea, Willis Reyes-Bonilla ("Reyes") appeals his conviction for being a deported alien found in the United States without permission in violation of 8 U.S.C. § 1326. Reyes contends that the district court should have granted his motion to dismiss the indictment because it was based on a 2001 removal order that was entered in violation of his due process right to counsel, prejudicing...

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