United States v. Daniel Bravo-Muzquiz

Daniel Bravo-Muzquiz (Bravo) was convicted of a violation of 18 U.S.C. § 922 (g)(5)(A), being an alien illegally or unlawfully in the United States and possessing a firearm. Prior to the time of the possession of the firearm, the INS had initiated removal proceedings against him for being illegally in the United States and he had been released on an immigration bond. The essential issue in this appeal is whether the release on that bond changed his status so that he was no longer an “alien illegally or unlawfully in the United States.” The district court held that the release on bond did not change his status. Bravo contends that the district court erred in this determination and that the court erred in giving an instruction and denying a judgment of acquittal based on that determination. Bravo also raised two sentencing issues, contending that the district court erred in failing to grant two downward adjustments to his sentence. We have appellate jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm the conviction, but remand for reconsideration of the sentence.

I.

Factual and Procedural Background

Bravo illegally entered the United States in 1985. In 1988, he applied for…