United States Tenth Circuit

Dismissal of defendant's indictment for possession of firearms was reversed, because although he had not been ordered removed from the country, he was unlawfully present in the US at the time of his crime and an alien's illegal presence does not depend upon a formal removal order.

Appellate Information

• Decided 07/26/2004
• Published 07/26/2004

Judges

• EBEL, Circuit Judge., Before EBEL, ANDERSON, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael S. Lee, Assistant United States Attorney, Salt Lake City, UT, (Paul M. Warner, United States Attorney, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• S. Austin Johnson, Johnson Law Firm, PC, Orem, UT, for Defendant-Appellee.