Alcala-Maravilla

MEMORANDUM *

Gonzalo Alcala-Maravilla (“Alcala”) appeals his conviction, following a jury trial, for violating 8 U.S.C. § 1326 (a). Alcala argues that the government did not prove that he committed an offense on, or reasonably near, the date alleged in the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

I. Background

On the record before us, it appears that the government intended to prosecute Alcala for the crime of being “found in” the United States on March 12, 2001, after his *870 deportation following a conviction of an aggravated felony. In the course of the prosecution, the record discloses the following mistakes or misstatements—some made by the prosecution, some made by the court, and some made by defense counsel:

(1) The indictment was captioned “Illegal Reentry Following Deportation.” The body of the indictment, however, alleges that “on or about November 20, 2000, the defendant was found in the Northern District of California.” 1 In the course of the proceedings, it is unclear whether the government is prosecuting Alcala for “reentering” or being “found in” this country following deportation.

(2) Before trial, counsel and…