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U.S. v. Alviso, No. 97-10100 (9th Cir.) (152 F.3d 1195) (August 26, 1998) (Judge Susan P. Graber)

Here, based on the Supreme Court's decision in Almendarez-Torres v. U.S., 523 U.S. 224 (1998), the Court vacated a conviction under 8 U.S.C. § 1326(b) where the defendant was convicted of separate crimes under both §§ 1326(a) and (b).

In this case the defendant was convicted of violating both 8 ...

 

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