Gomez-Leon
United States v. Gomez-Leon
Opinion
Opinion
GIBSON, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-50138 Plaintiff-Appellee, v. D.C. No.
CR-04-02230-WQH
JAVIER GOMEZ-LEON,
OPINION
Defendant-Appellant. Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding
Argued and Submitted March 4, 2008—Pasadena, California
Filed September 24, 2008
Before: John R. Gibson,* Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges.
Opinion by Judge Gibson; Partial Concurrence and Partial Dissent by Judge O’Scannlain
*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.
13487 UNITED STATES v. GOMEZ-LEON 13491
COUNSEL
Lynn H. Ball, Law Office of Lynn H. Ball, San Diego, Cali- fornia, for the defendant-appellant. 13492 UNITED STATES v. GOMEZ-LEON Timothy F. Salel, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.
OPINION
GIBSON, Circuit Judge:
Javier Gomez-Leon was found guilty by the district court of attempted entry into the…