Court of Appeals for the Ninth Circuit June 25, 1998, 97-50477 (UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe HERNANDEZ-GUERRERO, Defendant-Appellant)

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O’SCANNLAIN, Circuit Judge:

We must decide whether Congress has the power to criminalize reentry into the United States by a previously deported alien.

I

On January 19,1997, Border Patrol agents arrested Guadalupe Hernandez-Guerrero near Campo, California, just north of the Mexican border. Hernandez-Guerrero waived his

Miranda

rights,

see Miranda v. Arizona,

384 U.S. 436, 86 S.Ct.