United States Ninth Circuit

Because a subsequent commission under 8 U.S.C. section 1325(a) changes the nature of the crime from a misdemeanor to a felony, the prior commission must be charged; since defendant's second illegal entry into the US was not charged as a second violation, the district court properly convicted her of two misdemeanor charges.

Appellate Information

• Argued 08/04/2003
• Decided 02/19/2004
• Published 02/19/2004

Judges

• T.G. NELSON, Circuit Judge:, Before:  KOZINSKI, and T.G. NELSON, Circuit Judges, and JANE A. RESTANI, Court of International Trade Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Debra W. Yang,Jacqueline Chooljian, Andrea L. Russi, U.S. Attorney's Office, Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Maria E. Stratton, Sean K. Kennedy, Federal Public Defenders' Office, Los Angeles, CA, for the defendant-appellee.