United States v. Salvador Leos-Maldonado

Salvador Leos-Maldonado (“Leos”) appeals the district court’s denial of his motion for acquittal. He was convicted and sentenced for unauthorized reentry into the United States after having been deported. See 8 U.S.C. § 1326 . We affirm.

I. BACKGROUND

Two months after being deported to Mexico, Leos, along with six other Mexican nationals, climbed the fence along the international border. Sometime after crossing the border, border patrol surveillance by cameras spotted a group of suspected illegal aliens “cresting a ridge.” A border patrol agent confronted the group approximately 300 yards from the border on the Anerican side, where they were hiding on the side of a hill. Leos admitted to being a deported alien. He was arrested and indicted for unauthorized reentry based on entering, attempting to enter, or having been found in the United States without consent.

At the district court bench trial, Leos moved for a judgment of acquittal. The court denied the motion, and Leos was convicted and sentenced. Leos appeals the district court’s denial of his acquittal, asserting that he was never free from official restraint and that this condition: (1) precluded his entry; (2)…