United States v. Antonio Gonzalez

MEMORANDUM

Defendant-Appellant Antonio Gonzalez (“Gonzalez”) was convicted and sentenced for the offense of attempting illegally to enter the United States following deportation, in violation of 8 U.S.C. § 1326 . He appeals, arguing that there was insufficient evidence to support his conviction; that the district court erred in admitting incriminating statements made by Gonzalez during a field interrogation conducted without Miranda warnings; and that the government was required to prove beyond a reasonable doubt the fact of a prior conviction. We affirm.

1. Gonzalez challenges the sufficiency of the evidence supporting his conviction with regard to the substantial step element of attempted reentry. He argues that, because he was under constant official surveillance while attempting to enter the United States, the doctrine of official restraint rendered completion of the offense legally impossible and thereby prevented him from taking a substantial step towards completion of the crime. This position was rejected in United States v. Leos-Maldonado, 302 F.3d 1061, 1063-64 (9th Cir.2002).

Gonzalez maintains that Leos-Maldonado did not consider whether the substantial act could…