United States v. Angel Ramirez-Aguilar

Angel Ramirez-Aguilar appeals his conviction, following a non jury trial, for being found in the United States after having been previously deported, in violation of 8 U.S.C. § 1326 . We affirm.

After appellant had been found in the United States on September 7, 1971, but before the prosecution from which he now appeals had been begun, deportation proceedings were instituted against him. On September 8, 1971, he was issued a notice of hearing in those deportation proceedings and was released after he posted an appearance bond. He now contends that his release on the bond constituted “consent” to his presence in the United States, so as to bar or estop the subsequent 8 U.S.C. § 1326 prosecution.

We disagree. The only “consent” manifested was that appellant remain at large in lieu of being taken into custody pending his hearing. As such, it had no relation whatsoever to the crime with which he was subsequently charged.

Appellant next argues that the deportation proceedings instituted against him, and the deportation order issued on October 19, 1971, as a result of those proceedings, constituted former jeopardy for the same offense for which he was later prosecuted under 8 U.S.C.…