United States v. Juan Gonzalez-Torres
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER AND OPINION
RAWLINSON, Circuit Judge.
ORDER
The Opinion filed on December 11, 2001, appearing at 273 F.3d 1181, is withdrawn and replaced with the attached opinion.
OPINION
Juan Gonzalez-Torres (“Torres”) was convicted by a jury of entering the United States in violation of 8 U.S.C. § 1325, being a deported alien “found in” the United States in violation of 8 U.S.C. § 1326, and smuggling aliens in violation of 8 U.S.C. § 1324(a)(2)(B)(iii). The district court erred by finding Torres was not under official restraint. Accordingly, we reverse the convictions based on violations of §§ 1325 and…
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