U.S. v. GONZALEZ-TORRES

No. 00-50543.

273 F.3d 1181 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Juan GONZALEZ-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2001.


Attorney(s) appearing for the Case

Benjamin L. Coleman, Federal Defenders of San Diego, San Diego, California, and Shaun Khojayan, San Diego, California, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, San Diego, California, Bruce Castetter, Assistant United States Attorney, San Diego, California, and Mark Edelman, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: RYMER and RAWLINSON, CIRCUIT JUDGES, and POGUE, Judge.


RAWLINSON, Circuit Judge:

Juan Gonzalez-Torres ("Torres") was convicted by a jury of entering the United States in violation of 8 U.S.C. § 1325, being a deported alien "found in" the United States in violation of 8 U.S.C. § 1326, and smuggling aliens in violation of 8 U.S.C. § 1324(a)(2)(B)(iii). The district court erred by finding Torres was not under official restraint. Accordingly, we reverse the convictions...

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