No. 00-50634.

284 F.3d 1135 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Armando HERNANDEZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2002.

As Amended on Denial of Rehearing and Rehearing May 9, 2002.

Attorney(s) appearing for the Case

Angela M. Krueger, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Mark R. Rehe, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before RYMER and RAWLINSON, Circuit Judges, and POGUE, Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 9, 2002.*

Opinion by Judge RYMER; Dissent by Judge RAWLINSON

RYMER, Circuit Judge.

Armando Hernandez Garcia appeals his conviction by jury for two counts of transporting illegal aliens within the United States in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). His appeal turns on whether "entry" — and thus presence in this country free of official restraint...


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