United States v. Rolf Wilhelm Otto Anton

BAUER, Circuit Judge.

This is an appeal from a judgment of conviction entered against the defendant, Rolf Wilhelm Otto Anton, for violating 8 U.S.C. § 1326, Reentry of Deported Alien. For the reasons explained below, we reverse that judgment.

The statute under which the defendant was charged provides:

Any alien who—(1) has been arrested and deported or excluded and deported, and thereafter(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous…