U.S. v. PACHECO-MEDINA

No. 99-50414.

212 F.3d 1162 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro PACHECO-MEDINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2000


Attorney(s) appearing for the Case

Tony L. Cheng, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Roger W. Haines, Jr., Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: FERNANDEZ and WARDLAW, Circuit Judges, and WEINER, District Judge.


FERNANDEZ, Circuit Judge:

Alejandro Pacheco-Medina appeals his conviction and sentence for being found in the United States after he had been deported. See 8 U.S.C. § 1326. He claims that the evidence will not support the conviction because it shows that he did not actually manage to enter the United States. We agree and reverse for entry of an acquittal.

BACKGROUND

There can be little doubt that Pacheco was deported from the United States...

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