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U.S. v. OSCAR-TORRES

No. 06-5074.

507 F.3d 224 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Raul Mesa OSCAR-TORRES, a/k/a Raul Pelaes Gonzalez, a/k/a Raul Torres Meza, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 8, 2007.

Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac, Research and Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Eric David Goulian, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before MOTZ, Circuit Judge, HAMILTON, Senior Circuit Judge, and RAYMOND A. JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Senior Judge HAMILTON and Judge JACKSON joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

After arresting Raul Mesa Oscar-Torres without a warrant as part of a nationwide initiative to apprehend illegal alien gang members, law enforcement officers fingerprinted him and thus obtained his criminal and immigration records. The Government then charged him with one count...

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