Skip to main content
· 9/9/2002

United States v. Salvador Leos-Maldonado

Citations

  • 302 F.3d 1061
  • 2002 Cal. Daily Op. Serv. 8252
  • 2002 Daily Journal DAR 10379
  • 2002 U.S. App. LEXIS 18449
  • 2002 WL 31007771

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an alien can be guilty of attempted entry even if he is under official restraint throughout his crossing of the U.S. border
  • stating that relief is not warranted under the plain error standard unless there has been error, which is plain, affects substantial rights, and seriously affects “the fairness, integrity, or public reputation of judicial proceedings”
  • distinguishing between fact of official restraint and intent, and holding that the former is not required for attempted illegal reentry but the latter is
  • affirming attempted illegal-reentry conviction where, “[t]wo months after being deported 28 to Mexico, [the defendant], along with six other Mexican nationals, climbed the fence along the international border”
  • “The evidence shows that [the defendant] scaled the international border wall, crouching down to avoid detection after landing on American soil.”
  • “The evidence shows that [the defendant] scaled the international border wall, crouching down to avoid detection after landing on American soil.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sneed, Hug, Berzon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.