United States v. Flores

KING, Chief Judge:

The government appeals from the district court’s pretrial dismissal of an indictment charging Defendant-Appellee Giovanni Flores with violating 18 U.S.C. § 922(g)(5)(A) by being an alien, illegally or unlawfully in the United States, in possession of a firearm. Because the district court erred in concluding that Flores was not illegally or unlawfully in the United States, we REVERSE and REMAND.

I. BACKGROUND

The facts essential to this appeal are undisputed. Giovanni Flores is a native of El Salvador who illegally entered the United States in January 2001. He was not inspected…