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U.S. v. PERDOMO-ESPANA

No. 07-50232.

522 F.3d 983 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Donaldo PERDOMO-ESPANA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2008.

Attorney(s) appearing for the Case

Elizabeth A. Missakian, San Diego, CA, for the defendant-appellant.

Karen P. Hewitt, United States Attorney, Bruce R. Castetter, Assistant U.S. Attorney, Chief, Appellate Section, Criminal Division, and Steven De Salvo, Assistant U.S. Attorney, San Diego, CA, for the plaintiff-appellee.

Before: KIM McLANE WARDLAW, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

GOULD, Circuit Judge:

Juan Perdomo-Espana ("Perdomo") appeals his jury conviction for one count of illegal entry into the United States as a deported alien in violation of 8 U.S.C. § 1326. In this opinion, we consider whether the defense of necessity that Perdomo advanced must be tested under an objective or subjective standard. We have jurisdiction pursuant to 28 U.S.C. § 1291. Determining that the necessity defense requires an objective analysis, we affirm...

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