United States of America,plaintiff-Appellee v. Alejandro Pacheco-Medina

FERNANDEZ, Circuit Judge:

Alejandro Pacheco-Medina appeals his conviction and sentence for being found in the United States after he had been deported. See 8 U.S.C. § 1326. He claims that the evidence will not support the conviction because it shows that he did not actually manage to enter the United States. We agree and reverse for entry of an acquittal.

BACKGROUND

There can be little doubt that Pacheco was deported from the United States on December 7, 1998. 2 There is no doubt whatsoever that he was caught on his way-back into the United States just two days later.

On December 9, 1998, Pacheco…