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United States Ninth Circuit


US v. Lopez-Perera, 05-50102

With regards to the crime of possession of a firearm by a person "illegally or unlawfully in the United States," an alien's physical presence in a port of entry does not satisfy the element of the crime of being illegally or unlawfully in the United States.

Appellate Information

  • Argued 01/12/2006
  • Decided 02/21/2006
  • Published 02/21/2006

Judges

  • GOODWIN, Circuit Judge., Before MARY M. SCHROEDER, Chief Judge, ALFRED T. GOODWIN and RAYMOND C. FISHER, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Jeremy D. Warren, San Diego, CA, for the defendant-appellant., Anne Kristina Perry, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.
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