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Second Circuit — Previously-deported Alien: United States v. Macias

U.S. Court of Appeals for the Second Circuit

Previously-deported Alien

“Found in” in the United States

United States v. Macias
12-3908-cr
Judges Pooler, Raggi and Wesley

Background: The defendant appealed from a judgment convicting of being “found in” the United States as a previously-deported alien. The defendant was leaving the United States, seeking lawful entry into Canada when he was detained. He was then returned to the United States in custody.

Ruling: The Second Circuit reversed. The court held that, under the circumstances, the defendant was not “found in” the United States while he was in this country. When he was found he had neither a physical nor a legal presence in the United States.

Jayme L. Feldman of the Federal Public Defender’s Office for the defendant-appellant; Stephan J. Baczynski, assistant United States attorney, for the appellee