U.S. v. TERRENCE

No. 97-10116.

132 F.3d 1291 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Marky Onge TERRENCE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1997.


Attorney(s) appearing for the Case

Frederick A. Black and Marivic P. David, Assistant United States Attorney, Agana, Guam, for plaintiff-appellant.

Peter C. Wolff, Jr. and Eric E. Butterfield, Assistant Federal Public Defender, Mongmong, Guam, for defendant-appellee.

Before: REINHARDT, LEAVY, and THOMAS, Circuit Judges.


REINHARDT, Circuit Judge:

The government appeals the dismissal of the indictment against defendant Marky Onge Terrence for illegal re-entry as a deported alien in violation of 8 U.S.C. § 1326(a). The district court held that the Compact of Free Association (Compact) between the United States and Palau, 48 U.S.C. § 1931, exempts Palauans from complying with the provisions of § 1326(a) and thus renders Terrence immune from prosecution under that section...

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