U.S. v. PARGA-ROSAS

No. 99-50775.

238 F.3d 1209 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo PARGA-ROSAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2001.


Attorney(s) appearing for the Case

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

Anne Kristina Perry, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: Pamela Ann Rymer, Thomas G. Nelson and Kim McLane Wardlaw, Circuit Judges.


Argued and Submitted December 14, 2000 — Pasadena, California

RYMER, Circuit Judge:

Gerardo Parga-Rosas appeals from his conviction and sentence for being a deported alien "found in" the United States in violation of 8 U.S.C. § 1326, contending among other things that an indictment charging this offense is fatally defective unless it alleges that the defendant voluntarily entered the United States following his deportation. We conclude that an...

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