U.S. v. RODRIGUEZ-FERNANDEZ

No. 99-15014.

234 F.3d 498 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Raymundo RODRIGUEZ-FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 29, 2000.


Attorney(s) appearing for the Case

Michael Zelman, Coral Gables, FL, for Defendant-Appellant.

Dawn Bowen, Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, HILL and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Raymundo Rodriguez-Fernandez appeals his conviction by a jury of escape in violation of 18 U.S.C. § 751(a). Finding that the prosecution failed to prove an element of the charged offense, we reverse.

BACKGROUND

On November 11, 1997, an Immigration Judge ordered Rodriguez-Fernandez excluded from the United States for violation of U.S. immigration laws, specifically, 8 U.S.C. § 1182(a)(2)(B), conviction of multiple...

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