United States Ninth Circuit

Defendant's conviction for illegal reentry into the U.S. is affirmed where, because defendant had not legally left the U.S. on the date of his detention, and he was not entering the U.S. from a foreign country, the official restraint doctrine was inapplicable.

Appellate Information

• Argued 10/13/2009
• Decided 11/10/2009
• Published 11/10/2009

Judges

• CALLAHAN, Circuit Judge:, Before:  RICHARD D. CUDAHY, Senior Circuit Judge, JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Anthony R. Gallagher, Federal Defender, John Rhodes, Assistant Federal Defender (argued), Johnna Rizza, and Stephanie Deboer, Legal Interns, Federal Defenders of Montana, Missoula, MT, for the defendant-appellant., William W. Mercer, United States Attorney, and Timothy J. Racicot, Assistant United States Attorney (argued), Missoula, MT, for the plaintiff-appellee.