U.S. v. GASPAR-MIGUEL

No. 19-2020.

947 F.3d 632 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Petrona GASPAR-MIGUEL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 16, 2020.


Attorney(s) appearing for the Case

Amanda Skinner , Assistant Federal Public Defender ( Stephen P. McCue , Federal Public Defender, with her on the briefs), Office of the Federal Public Defender for the District of New Mexico, Las Cruces, New Mexico, appearing for Appellant.

Dustin C. Segovia , Assistant United States Attorney ( John C. Anderson , United States Attorney, with him on the brief), Office of the United States Attorney for the District of New Mexico, Las Cruces, New Mexico, appearing for Appellee.

Before BRISCOE, KELLY, and BACHARACH, Circuit Judges.


Defendant-Appellant Petrona Gaspar-Miguel (Gaspar) appeals the district court's affirmance of her conviction for entering the United States in violation of 8 U.S.C. § 1325(a)(1). Gaspar contends the district court's conclusion that she "entered" the United States even though she was under the constant surveillance of...

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