United States v. Javier Ortiz-Villegas

I.

Javier Ortiz-Villegas appeals a district court judgment in which he was convicted for being a deported alien found in the United States without the permission of the Attorney General, a violation of 8 U.S.C. § 1326 . We affirm the district court’s judgment.

ii.

On October 18, 1990, Ortiz-Villegas was deported from the United States to Mexico. On the same day, he reentered the United States at the San Ysidro border checkpoint by showing his California driver’s license to a checkpoint inspector. In May 1991, an INS agent discovered Ortiz-Villegas in a California state prison. Ortiz-Villegas was subsequently convicted of being a deported alien “found in” the United States without authorization, a violation of 8 U.S.C. §§ 1326 (a), (b)(1) and (b)(2). He now appeals his conviction on the grounds that he cannot be convicted for being “found in” the United States unless (1) he reentered the country surreptitiously; and (2) he intended to be in the United States at the time he was found. We reject both of these arguments and affirm his conviction.

III.

A. Surreptitious Entry

Ortiz-Villegas argues that the district court incorrectly interpreted 8 U.S.C. § 1326 (a) to allow his…