United States v. Balde

Gerard E. Lynch, Circuit Judge:

*73 Souleymane Balde pled guilty to one count of unlawful possession of a firearm by an "alien ... [who] is illegally or unlawfully in the United States," in violation of 18 U.S.C. § 922 (g)(5)(A). On appeal, Balde argues that the charge against him must be dismissed for two reasons. First, he argues that to be "in the United States" within the meaning of the criminal statute, a noncitizen must have "entered" the United States as that term is defined in immigration law, and that merely being physically present within our borders does not suffice. Second, he argues…