United States v. Lucio Pina-Jaime, AKA Lucio Pina Jaime AKA Lucio Jaime Pina

Lucio Pina-Jaime appeals his conviction by guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (a)(2). Pina-Jaime was paroled into the United States for one day, but stayed for 29 months. We affirm his conviction because a previously deported alien who is paroled into the United States for a specified term of which he is aware incurs criminal liability under the “found in” clause of 8 U.S.C. § 1326 (a)(2) if he voluntarily chooses to remain in this country after the term of his parole has terminated. We also affirm Pina-Jaime’s sentence.

I.

Pina-Jaime was born in Mexico and is not a United States citizen. In 1991, he sustained two felony convictions while in this country. Since then he has been deported from the United States four times, the last being in May 1997.

On September 17, 1997, the Immigration and Naturalization Service (“INS”) paroled Pina-Jaime into the United States for one day so that he could attend a child custody hearing for his daughter. The INS explicitly “[wjarned” Pina-Jaime, in writing, that he was “authorized to stay in the U.S. only” for the day of September 17, 1997, and that “[t]o remain past this…