United States v. Ricardo Aguirre-Tello
Court of Appeals for the Tenth Circuit
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The United States appeals from an order of the district court dismissing the indictment against defendant/appellee Ricardo Aguirre-Tello, charging him with illegal re-entry into the United States after having been deported, in violation of 8 U.S.C. § 1326(a), (b)(2). The district court dismissed the charge after concluding that Aguirre-Tello’s underlying deportation proceeding had been fundamentally unfair. A divided panel of this court affirmed.
We granted the government’s petition for rehearing en banc, with particular attention to the following two…
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