Legal Opinion · Dissent

United States v. Angelica Lopez

Court of Appeals for the Ninth Circuit

Decided May 7, 2007No. 05-50415Published

1Dissent

TALLMAN, Circuit Judge, with whom Circuit Judges RAWLINSON, CLIFTON and CALLAHAN

join, dissenting.

The law should be the same whether smuggling aliens, drugs, or contraband goods. Today, the majority creates a circuit split by announcing a rule that contravenes established precedent and undermines congressional intent. Congress and every other circuit court to address the issue have all concluded that importation offenses continue until the imported objects or persons reach their final destination within the United States. See United States v. Haire, 371 F.3d 833, 838 (D.C.Cir.2004), vacated on…

2Cases cited32 opinions

  1. Pinkerton v. United StatesSupreme Court of the United States · 1946
  2. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  3. United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
  4. Rosebud Sioux Tribe v. KneipSupreme Court of the United States · 1977
  5. Keck v. United StatesSupreme Court of the United States · 1899

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