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U.S. v. GRACIDAS-ULIBARRY

No. 98-50610.

231 F.3d 1188 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo GRACIDAS-ULIBARRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2000.

Attorney(s) appearing for the Case

Steven F. Hubachek, Julie A. Blair, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Roger W. Haines, Assistant United States Attorney, Larry A. Sebastian, Special Assistant United States Attorney, Criminal Division, San Diego, California, for the plaintiff-appellee.

Before: Procter HUG, Jr., CHIEF JUDGE, Harry PREGERSON, REINHARDT, Stephen FERNANDEZ, T.G. NELSON, KLEINFELD, THOMAS, GRABER, W. Reinhardt, Ferdinand F. LETCHER, FISHER and PAEZ, Circuit Judges. Fernandez, Thomas G. Nelson, Andrew J. Kleinfeld, Sydney R. Thomas, Susan P. Graber, William A. Fletcher, Raymond C. Fisher and Richard A. Paez, Circuit Judges.

Argued and Submitted En Banc June 20, 2000. — San Francisco, California

Opinion by Judge FISHER; Concurrence by Judge FERNANDEZ.

FISHER, Circuit Judge:

Under 8 U.S.C. § 1326, a previously deported alien who "enters, attempts to enter, or is at any time found in" the United States without the express consent of the Attorney General is subject to a fine and imprisonment for up to two years.1 In Pena-Cabanillas...

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