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U.S. v. Barraza-Duarte

United States Court of Appeals, Ninth Circuit
May 29, 2008
No. 06-10525 (9th Cir. May. 29, 2008)

Opinion

No. 06-10525.

Argued and submitted May 13, 2008 Pasadena, California.

Decided May 29, 2008.

D.C. No. CR-04-01688-RCC District of Arizona, Tucson.

Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.


ORDER


The Government's motion to clarify remand procedure and amend memorandum decision filed on January 24, 2008 is GRANTED. The Memorandum Disposition is hereby amended as follows:

The penultimate paragraph of the memorandum disposition, page 3, is amended by adding a new sentence after the final sentence: "If on remand, the district court determines the defendant's motion to dismiss challenging his underlying removal should be denied, the district court may reinstate the judgment of conviction and sentence. Conversely, if it determines that the defendant's motion to dismiss should be granted, it shall dismiss the case. In either event, the court shall provide an explanation for its ruling."


Summaries of

U.S. v. Barraza-Duarte

United States Court of Appeals, Ninth Circuit
May 29, 2008
No. 06-10525 (9th Cir. May. 29, 2008)
Case details for

U.S. v. Barraza-Duarte

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ABRAHAM BARRAZA-DUARTE…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 29, 2008

Citations

No. 06-10525 (9th Cir. May. 29, 2008)