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FILE - This undated file booking photo provided by the San Francisco Police Department shows Jose Ines Garcia Zarate. The Mexican man acquitted of murder but convicted of illegal gun possession for the shooting death of a San Francisco woman that sparked an immigration debate is seeking a new trial for the firearm charge. Lawyers for Zarate said Thursday, Dec. 14, 2017, that the judge presiding over the murder trial failed to properly instruct jurors before they acquitted him of killing Kate Steinle in 2015. (San Francisco Police Department via AP, File)

FILE - This undated file booking photo provided by the San Francisco Police Department shows Jose Ines Garcia Zarate. The Mexican man acquitted of murder but convicted of illegal gun possession for the shooting death of a San Francisco woman that sparked an immigration debate is seeking a new trial for the firearm charge. Lawyers for Zarate said Thursday, Dec. 14, 2017, that the judge presiding over the murder trial failed to properly instruct jurors before they acquitted him of killing Kate Steinle in 2015. (San Francisco Police Department via AP, File)

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