UNITED STATES of America, Plaintiff-Appellee, v. Manuel CONTRERAS, Defendant-Appellant

Good Law
63 F.3d 852·95 Daily Journal DAR 11103·1995 WL 489136·1995 U.S. App. LEXIS 22526·95 Cal. Daily Op. Serv. 6492
United States Court of Appeals for the Ninth CircuitAugust 17, 199594-30306California3,065 words

Opinion

Opinion

Goodwin, J.

Manuel Contreras, a citizen of Mexico, appeals his conviction for Aggravated Illegal Reentry into the United States, 8 U.S.C. § 1326 (a) and (b)(2). The conviction is affirmed.

Background

On July 29, 1988, Contreras was arrested on a charge of possession with intent to distribute cocaine. On August 9, 1988, while in custody on this charge, Contreras was served with an Order to Show Cause why he should not be deported. Contreras requested a prompt hearing.

A telephonic deportation hearing was held August 12, 1988. Speaking through a Spanish interpreter, Contreras admitted the facts recited in the show-cause order. The Immigration Judge ordered deportation and advised Contreras of his right to seek judicial review of the order of deportation.

Contreras was not deported immediately following the August 12, 1988 hearing, however, because he still had to face the cocaine charge. On that charge he was convicted and, on May 1, 1989, sentenced to 47 months imprisonment and three years of supervised release. For purposes of this appeal, the terms of his supervised release are significant. They were that Contreras was prohibited from returning to the United States without first…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.