Hernandez
United States v. Hernandez
Opinion
Lead Opinion
MEMORANDUM **
Defendant-Appellant Rigoberto Ricardo Hernandez appeals from a judgment and *302 63-month custodial sentence imposed by the district court after a jury found Hernandez guilty of violations of 8 U.S.C. §§ 1324 (a)(2)(B)(ii) and (iii), attempting to bring in and bringing in illegal aliens for financial gain and without presentment. Hernandez claims that the district court committed various errors. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . For the reasons expressed below, we reverse.
BACKGROUND
On Saturday, July 15, 2000, at approximately 6:00 a.m., Hernandez drove from Mexico to the United States, arriving at the primary inspection booth at the San Ysidro Port of Entry in California. Hernandez was met by an immigration inspector. The inspector informed Hernandez that he was to drive his car slowly into the secondary inspection area. As the inspector prepared to close the gate to her lane, Hernandez accelerated his car in the direction of the Mexican border. The inspector closed the gates of the port of entry and Hernandez was forced to stop his vehicle. Hernandez was removed from the vehicle and brought to the security office.