Wrongly Convicted Database Record

 

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Miguel Lombera-Valdovinos

 

Charge:

Immigration Violation (Illegal entry)

Sentence:

Years Imprisoned:

2.1

Year Crime:

2003

Year Convicted:

2004

Year Cleared:

2005

U.S. State or Country of Crime:

California - Federal Case

County or Region of Crime:

San Diego

City of Crime:

San Diego

Result:

Judicially Exonerated

Summary of Case:

"Miguel Lombera-Valdovinos was wrongly convicted of illegally reentering the United States on October 29, 2003 in violation of 8 U.S.C. § 1326 -- Reentry of removed aliens. At the time of his arrest Lombera-Valdovinos had been deported for illegal entry on multiple occasions, and he been convicted of illegal entry into the U.S., and deported to Mexico after he completed his prison sentence. On Oct. 29 he crossed the border in San Diego County, California and went to a federal border agent and said he "wished to go back to jail." He was indicted for illegal reentry and was convicted by a jury. The trial judge denied his lawyer's motion for a judgment of acquittal. His lawyer appealed, arguing the judge erred because Lombera-Valdovinos had immediately contacted a border agent after illegally entering the country, and therefore he had not been "free from official restraint," which the 9th Circuit had previously ruled was an essential element of Section 1326 the government had to prove -- although it wasn't in the statute and no other federal circuit court or the U.S. Supreme Court had likewise ruled it was an essential element. On November 30, 2005 the U.S. Ninth Circuit Court of Appeals reversed Miguel Lombera-Valdovinos' conviction on the basis the prosecution introduced insufficient evidence to prove the essential element that he had the specific intent to attempt illegal entry because the had not been "free from official restraint," as the 9th Circuit had previously ruled the government must prove beyond a reasonable doubt to obtain a conviction for a violation of 8 U.S.C. § 1326."

Conviction Caused By:

Innocence Proved By:

"On November 30, 2005 the U.S. Ninth Circuit Court of Appeals reversed Miguel Lombera-Valdovinos' conviction on the basis the prosecution introduced insufficient evidence to prove the essential element that he had the specific intent to attempt illegal entry because the had not been "free from official restraint," as the 9th Circuit had previously ruled the government must prove beyond a reasonable doubt to obtain a conviction for a violation of 8 U.S.C. § 1326."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"US v. Lombera-Valdovinos, 429 F. 3d 927 (9th Cir., 11-30-2005) (Reversing conviction and ordering acquittal based on insufficient evidence to prove the essential element that he had the specific intent to attempt illegal entry.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=15580579891095209844&q=United+States+v.+LomberaValdovinos,+429+F.3d+927&hl=en&as_sdt=6,48"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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