United States v. Agustin Martin-Plascencia, AKA Ernesto Rico Hernandez

Agustín Martin-Plascencia (Appellant) appeals from an adjudication of juvenile delinquency under 18 U.S.C. § 5032 for knowingly and willfully entering the United States from Mexico in violation of 8 U.S.C. § 1325 . We affirm.

The juvenile proceedings were conducted by the District Court sitting without a jury pursuant to 18 U.S.C. §§ 5032 and 5033, as amended on September 7, 1974. We note our jurisdiction under 28 U.S.C. §§ 1291 and 1294.

Appellant, a 14 or 15 years of age citizen of Mexico, was arrested within the United States near the Port of Entry at San Ysi-dro, California on August 31, 1975 on the charge of illegal entry. The instant arrest was the young Appellant’s 51st arrest upon charges of immigration law violations.

On this August 31 occasion, the Appellant did not present himself to the officials at the Port of Entry, but rather he surreptitiously by-passed the questioning and inspection areas and, out of the view of the immigration officials, crawled through an opening in a six foot chain link fence and then under a second eight foot chain link fence. Appellant was attempting to scale a concrete wall onto a San Ysidro street when apprehended. At this point…