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U.S. v. HERNANDEZ-GUERRERO

No. 97-50477.

147 F.3d 1075 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe HERNANDEZ-GUERRERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Benjamin L. Coleman, Federal Defenders of San Diego, San Diego, California, for the defendant-appellant.

David P. Curnow, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, TROTT, and FERNANDEZ, Circuit Judges.

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

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