Leal-Cruz
United States v. Leal-Cruz
Opinion
Opinion
Callahan, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-50519 Plaintiff-Appellee, v. D.C. No.
CR-03-02234-IEG
ROBERTO LEAL-CRUZ,
OPINION
Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, Chief District Judge, Presiding
Argued and Submitted September 15, 2005—Pasadena, California
Filed December 9, 2005
Before: J. Clifford Wallace, Barry G. Silverman, and Consuelo M. Callahan, Circuit Judges.
Opinion by Judge Callahan
16133 UNITED STATES v. LEAL-CRUZ 16135
COUNSEL
Roseline D. Feral, San Diego, California, for the defendant- appellant.
Assistant United States Attorney David P. Curnow, San Diego, California, filed the brief, and Assistant United States Attorney Kevin Mulcahy, San Diego, California, argued the cause for the plaintiff-appellee.
OPINION
CALLAHAN, Circuit Judge:
Roberto Leal-Cruz appeals his conviction for attempted illegal reentry into the United States after deportation, under 16136 UNITED STATES v. LEAL-CRUZ 8 U.S.C. § 1326. Leal-Cruz contends that the district…