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US v. Anaya-Acosta, No. 09-50610

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By FindLaw Staff on January 03, 2011 3:13 PM

Firearm Possession Conviction Affirmed

In US v. Anaya-Acosta, No. 09-50610, the court affirmed defendant's conviction for being an illegal alien in possession of a firearm and ammunition where the issuance of a departure control order did not modify an alien's immigration status and was not equivalent to being paroled into the U.S.

 

As the court wrote:  "Javier Anaya-Acosta ("Anaya-Acosta") appeals his December 3, 2009 conviction for being an illegal alien in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(5)(A). Anaya-Acosta argues that, because he was subject to a departure control order issued pursuant to 8 C.F.R. § 215.2, he was not illegally in the United States, as required for a conviction under § 922(g)(5)(A), when he possessed the firearm and ammunition."

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