United States v. Francisco Rincon-Jimenez

Appellant, Francisco Rincon-Jimenez, a Mexican citizen, illegally entered the United States in August 1969 by traversing the beach between Tijuana and San Ysidro late at night. Because he did not enter at an officially designated border checkpoint, he never presented himself for the medical examination and inspection required of all entering aliens. See 8 U.S.C. §§ 1224 ,1225.

In April 1978, almost nine years following his illegal entry, appellant was charged with violating 8 U.S.C. § 1325 . That statute imposes criminal penalties on any alien

He was convicted under the second clause for eluding “examination or inspection by immigration officers.” Although appellant raised the five-year statute of limitations, 18 U.S.C. § 3282 , as a bar to the criminal prosecution, the district court construed § 1325(2) as describing a continuing offense which tolls the statute of limitations so long as appellant remains present in this country. The sole issue on appeal is whether the district court properly applied § 1325(2). We hold that it did not. We, therefore, reverse appellant’s conviction and remand the case to the district court with directions to dismiss the indictment.

We are guided…