U.S. v. ORNELAS

No. 15-10510.

906 F.3d 1138 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Eder Moreno ORNELAS, aka Jesus Edgar Juanni Moreno, aka Jesus Eder Mendivel-Mendivel, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2018.


Attorney(s) appearing for the Case

Carlton F. Gunn (argued), Pasadena, California, for Defendant-Appellant.

Angela W. Woolridge (argued), Assistant United States Attorney; Robert L. Miskell , Appellate Chief; Elizabeth A. Strange , Acting United States Attorney; United States Attorney's Office, Tucson, Arizona; for Plaintiff-Appellee.

Partial Concurrence and Partial Dissent by Chief Judge Thomas; Dissent by Judge Zilly.


OPINION

On a summer day in the Arizona desert, not far from our country's southern border, United States Forest Service Officer Devin Linde ("Linde") encountered Defendant-Appellant Jesus Eder Moreno Ornelas ("Moreno"). A struggle ensued. Afterwards, each man claimed that the other had forced him into a fight...

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