United States Ninth Circuit

An alien who crosses the border at a designated location and proceeds directly in the manner designated by the government to the border station where he then presents himself to the authorities has not been "found in" the United States for the purposes of 8 U.S.C. section 1326(a).

Appellate Information

• Argued 07/07/2004
• Decided 06/15/2005
• Published 06/15/2005

Judges

• KLEINFELD, Circuit Judge:, Before: HALL, KLEINFELD, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin F. McCoy, Assistant Federal Defender, Anchorage, AK, for the appellant.


• For Appellees:
  
• Jo Ann Farrington, Assistant U.S. Attorney, Anchorage, AK, for the appellee.