United States v. Antonio Diaz-Ramirez

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Antonio DIAZ-RAMIREZ, Defendant-Appellant. No. 91-50553. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1992 * Decided April 30, 1992. Before CANBY, REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 This appeal raises the question of when the government may punish an individual for conduct for which it has agreed not to prosecute him. This question has proved difficult, and our previous attempts at resolution are difficult to reconcile. Compare, e.g., United States v. Castro-Cervantes, 927 F.2d 1079 (9th Cir.1990) with United States v. Arias-Granados, 941 F.2d 996 (9th Cir.1991). 3 On February 11, 1991, United States Border Patrol agents apprehended Diaz-Ramirez as he crossed the border into the United States. He admitted that he was an undocumented alien and was arrested. The Border Patrol conducted a records check and discovered that…