United States v. Raymundo Rodriguez-Fernandez

POLITZ, Circuit Judge:

Raymundo Rodriguez-Fernandez appeals his conviction by a jury of escape in violation of 18 U.S.C. § 751(a). Finding that the prosecution failed to prove an element of the charged offense, we reverse.

BACKGROUND

On November 11, 1997, an Immigration Judge ordered Rodriguez-Fernandez excluded from the United States for violation of U.S. immigration laws, specifically, 8 U.S.C. § 1182(a)(2)(B), conviction of multiple criminal offenses for which the aggregated sentences total five years or more; and § 1182(a)(2)(C), being a known controlled substance trafficker. He was in state…