Defendant's conviction for illegal reentry into the U.S. is affirmed where, because defendant had not legally left the U.S. on the date of his detention, and he was not entering the U.S. from a foreign country, the official restraint doctrine was inapplicable.
Argued and Submitted October 13, 2009
Filed November 10, 2009
Opinion by Judge Callahan
John Rhodes, Johnna Rizza and Stephanie Deboer, Federal Defenders of Montana, Missoula,
Timothy J. Racicot, Assistant United States Attorney, Missoula, MT