Ocampo-Alvarez

MEMORANDUM **

Calixtro Ocampo-AIvarez appeals his conviction for being a deported alien “found in” the United States in violation of 8 U.S.C. § 1326 (a). We affirm.

Ocampo-AIvarez contends that the district court should have granted his motion to acquit because, pursuant to the official restraint doctrine, he never entered the United States. Under the official restraint doctrine, an alien cannot be found to have entered the United States within the meaning of 8 U.S.C. § 1326 (a)(2) if he was under “constant observation” after having crossed the border. United States v. Pacheco-Medina, 212 F.3d 1162, 1165 (9th Cir.2000). Surveillance did not begin in this case until well after Ocampo-AIvarez had entered the United States. He triggered a ground sensor that was located five miles walking distance from the border. For this reason, the official restraint doctrine does not apply.

Ocampo-Alvarez next argues that he should have been acquitted because the government failed to prove that he voluntarily entered the United States. Voluntariness may be inferred from the discovery of an alien some distance from the border. United States v. Quintana-Torres, 235 F.3d 1197, 1200 (9th Cir.2000).…