U.S. v. AMBRIZ-AMBRIZ

No. 08-30431.

586 F.3d 719 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Ines AMBRIZ-AMBRIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 10, 2009.


Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Defender, John Rhodes, Assistant Federal Defender (argued), Johnna Rizza, and Stephanie Deboer, Legal Interns, Federal Defenders of Montana, Missoula, MT, for the defendant-appellant.

William W. Mercer, United States Attorney, and Timothy J. Racicot, Assistant United States Attorney (argued), Missoula, MT, for the plaintiff-appellee.

Before: RICHARD D. CUDAHY, Senior Circuit Judge, JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge:

Jose Ines Ambriz-Ambriz (Ambriz) challenges the jury instructions and his conviction of being a previously removed alien found in the United States in violation of 8 U.S.C. § 1326. He asserts that because he was detained at a port of entry he was entitled to a jury instruction addressing the official restraint doctrine. We conclude that because Ambriz had not legally left the United States on the date of his detention, and was not entering...

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