United States v. Omar Argueta-Rosales

I agree with the majority that the specific-intent standard that governs Argue-ta-Rosales’s case is supplied by United States v. Lombera-Valdovinos, 429 F.3d 927, 928-30 (9th Cir.2005). Because'the district court failed to apply that standard, and because we are bound by Lomberar-Valdovinos, I concur in the majority’s judgment vacating the conviction and remanding this case for retrial. Maj. Op. at 1158.

In all other respects, however, I dissent. I am convinced that Lomberar-Valdovinos was wrongly decided and that our understanding of when an alien is “free from official restraint” has reached…