Segundo

United States v. Segundo

Good Law
306 F. App'x 378
United States Court of Appeals for the Ninth CircuitJanuary 5, 2009No. 06-10742California660 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Antonio Segundo (“Segundo”) appeals his conviction for the crime of illegal reentry after deportation. See 8 U.S.C. § 1326 . We affirm.

1. To establish the crime of illegal reentry after deportation, the government must prove beyond a reasonable doubt that the defendant entered the country “free from official restraint.” See United States v. Bello-Bahena, 411 F.3d 1083, 1087 (9th Cir.2005). Border Patrol Agent McManus described arresting Segundo approximately two miles north of the border, and identified the defendant as the person he arrested. This evidence was sufficient for a reasonable jury to have concluded that Segundo entered the United States free from “official restraint.” See id. at 1088 .

In addition, because McManus’s testimony alone was sufficient to support a *380 jury finding on this issue, the government did not rely solely, or even primarily, on Segundo’s alleged confession to establish this element of the offense. The corpus delicti rule is therefore not implicated here. See United States v. Norris, 428 F.3d 907, 913 (9th Cir.2005) (“[CJorpus delicti evidence is required only when a confession is the sole basis for a…

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