# United States v. Paul Oscar

> Court of Appeals for the Ninth Circuit · May 6, 1974 · 496 F.2d 492

URL: https://www.frixlaw.com/law-library/cases/9460576

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Paul OSCAR, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 6, 1974
- **Citations:** 496 F.2d 492; 1974 U.S. App. LEXIS 8795
- **Precedential status:** Published
- **Opinion:** Concurrence by Koelsch
- **Judges:** Koelsch, Wright, Belloni
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9460576

## How later opinions describe it (automated extraction)

- finding, in a criminal context, that aliens were not free from official restraint of the customs officials because they were taken into custody in secondary inspection at the San Ysidro Port of Entry
- holding that an entry has not been accomplished until physical presence is accompanied by freedom from official restraint
- holding that official restraint encompasses restraint by cus- toms officials

## Opinion text

KOELSCH, Circuit Judge
(concurring specially):
I reach the same result as my brothers, but by a shorter route. Had the charge been conspiracy ( 18 U.S.C. § 371 ) to violate 8 U.S.C. § 1325 , this conviction would have been invulnerable. But Congress has not made penal the acts which Oscar aided and abetted. 8 U.S.C. § 1325 does not in terms include attempts to enter, nor is there a general federal statute which fills this gap. (See, for example, Cal.Penal Code § 663; Oregon Rev.St. § 161.405(1); Rev.Code Wash.Anno. § 9.01.070; Idaho Code Anno. § 18-306.) Thus here there was no “underlying offense.”
Accordingly, I perceive no need to pass upon the meaning of “entry” and “eluding”.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460576. Public record. Not legal advice.