United States v. Rasheed Adeshina Idowu

Opinion for the Court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge SENTELLE.

RANDOLPH, Circuit Judge:

This is an unusual case. The defendant Idowu, an alien, pled guilty to something that may not be a crime — being in the United States without the Attorney General’s permission more-than five years after his deportation. ' Prior to sentencing, Idowu asked if he could take back his plea. The judge said no and pronounced sentence. This appeal followed.

The record is understandably sparse. We know that Idowu was deported on October 15, 1985, because of his conviction for…