United States Ninth Circuit

Where defendant was never "free from restraint," due to his constant surveillance prior to and upon entering the U.S., his convictions for entering and being a deported alien found in the U.S., under 8 U.S.C. sections 1325 and 1326, are reversed.

Appellate Information

• Argued 07/09/2001
• Decided 10/28/2002
• Published 10/28/2002

Judges

• Before RYMER and RAWLINSON, Circuit Judges, and POGUE, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Benjamin L. Coleman, Federal Defenders of San Diego, San Diego, CA, and Shaun Khojayan, San Diego, CA, for the defendant-appellant., Patrick K. O'Toole, United States Attorney (at time of argument), Carol C. Lam, United States Attorney (when opinion was filed), Roger W. Haines, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.