Legal Opinion

United States v. Gerardo Parga-Rosas

Court of Appeals for the Ninth Circuit

Decided February 1, 2001No. 99-50775PublishedCited by 86 opinions

1Opinion of the Court

RYMER, Circuit Judge:

Gerardo Parga-Rosas appeals from his conviction and sentence for being a deported alien “found in” the United States in violation of 8 U.S.C. § 1326, contending among other things that an indictment charging this offense is fatally defective unless it alleges that the defendant voluntarily entered the United States following his deportation. We conclude that an indictment which charges all statutory elements of the offense (as this one does)— that the defendant is an alien; had been deported; was subsequently found in the United States; and did not have the Attorney…

2Cases cited18 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Powell v. TexasSupreme Court of the United States · 1968
  4. United States v. Pacheco-ZepedaCourt of Appeals for the Ninth Circuit · 2000
  5. United States of America,plaintiff-Appellee v. Alejandro Pacheco-MedinaCourt of Appeals for the Ninth Circuit · 2000

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3Cited by86 opinions

  1. United States v. Hector Arellano-Rivera,defendant-AppellantCourt of Appeals for the Ninth Circuit · 2001
  2. United States v. Esteban Bahena-CardenasCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. Ortiz-HernandezCourt of Appeals for the Ninth Circuit · 2005
  4. United States v. Jorge Rodriguez-Rodriguez, United States of America v. Jorge Rodriguez-RodriguezCourt of Appeals for the Ninth Circuit · 2005
  5. United States v. Rigoberto Castellanos-GarciaCourt of Appeals for the Ninth Circuit · 2001

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