United States Ninth Circuit

Defendant's conviction for being a deported alien found in the U.S. after deportation is reversed where the district court erred in rejecting his proposed jury instruction regarding official restraint.

Appellate Information

• Argued 10/06/2004
• Decided 06/15/2005
• Published 06/15/2005

Judges

• PAEZ, Circuit Judge:, Before: PREGERSON, TASHIMA, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ramzi G. Nasser, Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, San Diego, CA;  Roger W. Haines, Jr., Assistant U.S. Attorney, Chief, Appellate Section, Criminal Division, San Diego, CA;  Randy K. Jones, Assistant U.S. Attorney, San Diego, CA;  Mark R. Rehe, Assistant U.S. Attorney, San Diego, CA, for the plaintiff-appellee.