United States v. Bernardino Ruesga-Martinez

Ruesga-Martinez appeals his conviction on a two-count felony indictment charging him with unlawful entry and reentry into the United States in violation of 8 U.S.C. §§ 1325 and 1326. We reverse.

On August 13, 1975, the appellant was arraigned before a magistrate on a complaint charging him with unlawful entry in violation of 8 U.S.C. § 1325 . Section 1325 provides that first offenders are guilty of a misdemeanor, punishable by imprisonment of not more than six months, or by a fine of not more than $500, or both. Multiple offenders are guilty of a felony, punishable by imprisonment for a maximum of 2 years and a maximum fine of $1,000. Although the prosecution was aware that appellant was a multiple offender, it chose to charge him with a misdemeanor before the magistrate.

Appellant pleaded not guilty to the charge. Thereafter, he refused to sign a document that would have constituted a waiver of his right to be tried by a district judge and any right that he might have had to a jury trial. The magistrate then ordered the United States Attorney to file an information against appellant in the District Court. On September 2, 1975, appellant was arraigned on a two-count…