United States v. Juan Gonzalez-Torres
Opinion
Opinion
Rawlinson, J.
ORDER AND OPINION
ORDER
The Opinion filed on December 11, 2001, appearing at 273 F.3d 1181 , is withdrawn and replaced with the attached opinion.
OPINION
Juan Gonzalez-Torres (“Torres”) was convicted by a jury of entering the United States in violation of 8 U.S.C. § 1325 , being a deported alien “found in” the United States in violation of 8 U.S.C. § 1326 , and smuggling aliens in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). The district court erred by finding Torres was not under official restraint. Accordingly, we reverse the convictions based on violations of §§ 1325 and 1326.
BACKGROUND AND PROCEEDINGS
On March 1, 2000, Border Patrol Agent Todd Watkins (“Agent Watkins”) observed, through his binoculars, a group of suspected aliens enter the United States from the Mexican border. Agent Watkins was not in position to intercept the group, so he sent a radio message to agents in the area. Border Patrol Agent Jari Karttunen (“Agent Karttunen”) received the message, saw the suspects, and began pursuing them. Although he lost sight of them for moments at a time, Agent Watkins observed the suspects continuously. He knew the trail well and was able to visually follow them until…