United States v. Israel Corvera , 671 F. App'x 685 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50555
Plaintiff-Appellee, D.C. No. 3:12-cr-01342-LAB
v.
MEMORANDUM*
ISRAEL CORVERA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Israel Corvera appeals the district court’s revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Corvera contends that the district court erred by revoking his supervised
release based on his commission of a new “found in” offense under 8 U.S.C. §
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
1326. He first argues that the district court misinterpreted the law applicable to
such offenses. Reviewing de novo, see United States v. Williams, 741 F.3d 1057,
1059 (9th Cir. 2014), we conclude that the district court correctly determined that it
could infer that Corvera entered the United States from unrebutted evidence
showing that Corvera was found in Washington. See United States v. Quintana-
Torres, 235 F.3d 1197, 1200 (9th Cir. 2000) (“[A] reasonable juror may well infer
that the alien had the intention to be here when the alien is discovered at any
location in the country other than the border.”).
Corvera also argues that the government did not prove by a preponderance
of the evidence that he entered the United States. The government presented
evidence that Corvera was seen in the United States several miles south of the
Canadian border, and nothing in the record indicates that he was intoxicated or
under official restraint at the time he entered the United States from Mexico.
Viewed in the light most favorable to the government, this evidence was sufficient
to support the district court’s finding that Corvera voluntarily entered the United
States. See United States v. King, 608 F.3d 1122, 1129 (9th Cir. 2010).
AFFIRMED.
2 15-50555