U.S. v. GARCIA-VILLEGAS

No. 08-50503.

575 F.3d 949 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Javier GARCIA-VILLEGAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2009.


Attorney(s) appearing for the Case

James M. Chavez, San Diego, CA, for the appellant.

George V. Manahan, San Diego, CA, for the appellee.

Opinion by Judge NOONAN; Concurrence by Judge GRABER.


NOONAN, Circuit Judge:

Javier Garcia-Villegas (Garcia) appeals the judgment of the district court convicting him of the misdemeanor of attempting to enter the United States in violation of 8 U.S.C. § 1325. We affirm the conviction and hold that Garcia's admission of alienage was sufficiently corroborated by the testimony of witnesses who observed Garcia climbing over the border fences from Mexico.

FACTS

On May 21, 2008, Sgt. Gomer, a video surveillance...

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