United States v. Omero Ortiz-Lopez

Good Law
24 F.3d 53·94 Daily Journal DAR 6523·1994 WL 184633·1994 U.S. App. LEXIS 10754·94 Cal. Daily Op. Serv. 3490
United States Court of Appeals for the Ninth CircuitMay 16, 199493-30253California1,540 words

Opinion

Opinion

Wright, J.

Opinion by Judge WRIGHT.

Omero Ortiz-Lopez appeals his conviction for reentering the United States illegally after having been previously deported, in violation of 8 U.S.C. § 1326 (b)(1) and (2). We find that his indictment did not violate the Speedy Trial Act but reverse his conviction because there was insufficient evidence to prove he was an alien.

BACKGROUND

In early December 1992, the INS discovered through a routine check that Ortiz-Lopez was incarcerated in the Skagit County Jail. On December 15, 1992, INS Agent Essing interviewed Ortiz-Lopez at the jail, after giving him Miranda warnings.

Before the interview, Essing had called the United States Attorney’s Office in Seattle about the possibility of prosecuting Ortiz-Lopez for illegal reentry. That office gave him a checklist of all the documents it would need to consider a case for criminal prosecution. Essing brought the checklist to the interview.

He spoke with Ortiz-Lopez again on January 6, 1993. He told him that the U.S. Attorney had not yet decided whether to prosecute. He also served an order to show cause and took Ortiz-Lopez into administrative custody, pending a civil deportation hearing.

That hearing was…

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