United States of America, Plaintiff-appellee, v. Hector Hernandez-garcia, Defendant-appellant, 98 F.3d 1347 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 98 F.3d 1347 (9th Cir. 1996) Submitted Oct. 7, 1996. *Decided Oct. 11, 1996

Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges.

MEMORANDUM** 

Hector Hernandez-Garcia was convicted by a jury of violating 8 U.S.C. § 1326(b) (2) by being found in the United States after having been deported following conviction of an aggravated felony. In light of this court's decision in United States v. Gomez-Rodriguez, No. 95-10114, slip op. at 12789 (9th Cir. Sept. 24, 1996) (en banc), we vacate the conviction and remand for further proceedings.

VACATED and REMANDED.


 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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