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U.S. v. ROMO-ROMO

No. 00-10011.

246 F.3d 1272 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel ROMO-ROMO, Defendant-Appellant. Opinion

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2001

Attorney(s) appearing for the Case

H. David Grunbaum, Assistant Federal Public Defender, San Jose, California, for defendant-appellant.

J. Douglas Wilson, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: FERDINAND F. FERNANDEZ, and ANDREW J. KLEINFELD, Circuit Judges, and BARRY T. MOSKOWITZ, District Judge.

Argued and Submitted March 12, 2001 — San Francisco, California.

FERNANDEZ, Circuit Judge:

Manuel Romo-Romo appeals his conviction and sentence for being found in the United States after he was deported therefrom. See 8 U.S.C. § 1326. He asserts that the district court erroneously instructed the jury that he did not actually have to leave United States soil in order to be deported. We agree and reverse.

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