United States v. Ricardo Marsh-Romero

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ricardo MARSH-ROMERO, Defendant-Appellant. No. 90-50112. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1992. * Decided June 18, 1992. Before WALLACE, Chief Judge, and BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ricardo Marsh-Romero (Marsh) appeals his conviction and sentence for illegal reentry into the United States following a conviction for an aggravated felony and a subsequent formal deportation in violation of 8 U.S.C. § 1326 (b)(2). We affirm Marsh's conviction, but vacate his sentence and remand for resentencing. DISCUSSION A. Sufficiency of the Evidence 3 Marsh argues that the government failed to establish that his presence in the United States on August 15, 1989, when he was transferred from the custody of the California authorities to the INS, was voluntary. He contends that a conviction cannot be sustained under 8…