United States v. Francisco Rincon-Jimenez

SNEED, Circuit Judge:

Appellant, Francisco Rincon-Jimenez, a Mexican citizen, illegally entered the United States in August 1969 by traversing the beach between Tijuana and San Ysidro late at night. Because he did not enter at an officially designated border checkpoint, he never presented himself for the medical examination and inspection required of all entering aliens. See 8 U.S.C. §§ 1224,1225.

In April 1978, almost nine years following his illegal entry, appellant was charged with violating 8 U.S.C. § 1325. That statute imposes criminal penalties on any alien

[W]ho (1) enters the United…