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U.S. v. LEAL-DEL CARMEN

No. 11-50094.

697 F.3d 964 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan LEAL-DEL CARMEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2012.

Attorney(s) appearing for the Case

Harini P. Raghupathi , Federal Defenders of San Diego, San Diego, CA, for the defendant-appellant.

Laura E. Duffy , United States Attorney, and Bruce R. Castetter and David P. Curnow (argued), Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

KOZINSKI, Chief Judge.

May the government deport an illegal alien who can provide exculpatory evidence for a criminal defendant before counsel for that defendant has even been appointed? We believe the answer is self-evident, as the government recognized in an earlier case where it moved to vacate a conviction after it deported witnesses whose testimony would have exculpated defendant. See United States v. Ramirez-Lopez, 315...

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