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U.S. v. LOMBERA-CAMORLINGA

No. 98-50347.

206 F.3d 882 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose LOMBERA-CAMORLINGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2000.

Attorney(s) appearing for the Case

Benjamin L. Coleman, Assistant Federal Public Defender, San Diego, California, for the defendant-appellant.

David S. Kris, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

William J. Aceves, California Western School of Law, San Diego, California, for the amicus.

Before: HUG, Chief Judge, BROWNING, SCHROEDER, BOOCHEVER, KOZINSKI, O'SCANNLAIN, KLEINFELD, THOMAS, McKEOWN, WARDLAW, and W. FLETCHER, Circuit Judges.

Argued and Submitted En Banc December 16, 1999.

Opinion by Judge SCHROEDER; Dissent by Judge BOOCHEVER; Dissent by Judge THOMAS.

SCHROEDER, Circuit Judge:

Article 36 of the Vienna Convention on Consular Relations, April 24, 1963, 21 U.S.T. 77, provides that law enforcement officials "shall inform" arrested foreign nationals of their right to notification of their consulates. A panel of this court held that Article 36 creates an individual right that...

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