Legal Opinion
United States v. Rigoberto Castellanos-Garcia
Court of Appeals for the Ninth Circuit
Decided November 2, 2001No. 00-50719PublishedCited by 59 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge:
Rigoberto Castellanos-Gareia was convicted of entering the United States after having been deported. 8 U.S.C. § 1326. He was given an enhanced sentence because he had committed an aggravated felony before his deportation. 8 U.S.C. § 1326(b). He appeals his conviction on the theory that the government did not prove that he was free from official restraint and, therefore, did not prove that he had entered the country. He appeals his sentence because the aggravated felony was not charged in the indictment. We affirm.
BACKGROUND
On April 30, 2000, Supervisory Border Patrol…
2Cases cited20 opinions
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3Cited by59 opinions
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- United States v. Jose Luis Rivera-SillasCourt of Appeals for the Ninth Circuit · 2005
- United States v. Rafael Cruz-EscotoCourt of Appeals for the Ninth Circuit · 2007
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