U.S. v. RAMOS-GODINEZ

No. 01-50043.

273 F.3d 820 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Christian RAMOS-GODINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2001.


Attorney(s) appearing for the Case

Jami L. Ferrara, San Diego, California, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, Brian M. Pearce, Assistant U.S. Attorney, San Diego, California, for the plaintiff-appellee.

Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

In this appeal we consider, inter alia, whether a brief hiatus in otherwise continuous observation of a deported alien reentering the country is sufficient to establish that the alien was free from official restraint. Under the circumstances presented by this case, we conclude that sufficient evidence exists to support the defendant's conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326...

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