· 1/12/2009
United States v. Villarreal-Ortiz
Citations
- 553 F.3d 1326
- 2009 U.S. App. LEXIS 377
- 2009 WL 57491
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant who provided an alias to police when he was arrested was not found in the United States until \his true name was discovered\ and observing that \there is no indication that he was identified as a prior deportee before that name was obtained\
- affirming addition of 2 criminal history points where defendant was not found until immigration authorities found him
- explaining a noncitizen is “found” when the government has knowledge of the illegality of their presence
- a § 1326(a) offense “is first committed when the defendant voluntarily reenters the country and continues to be committed until the defendant is ‘found’”
- “[A] panel of this court is bound by a holding of a prior panel of this court but is not bound by a prior panel’s dicta.” (alteration in original
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Holloway, Holmes
Read full opinion on CourtListenerSourced 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.