USA v. Margarito Fuentes Reyes, No. 13-3559 (7th Cir. 2014)

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The court issued a subsequent related opinion or order on November 12, 2014.

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2 1 NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued October 27, 2014 Decided October 27, 2014 Before DIANE P. WOOD, Chief Judge FRANK H. EASTERBROOK, Circuit Judge ANN CLAIRE WILLIAMS, Circuit Judge Nos. 13-3430, 13-3468, 13-3516, 13-3517 and 13-3559 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. EVELYN R. BORRERO, OMAR LAGUNES, YALITZA EXCLUSA-BORRERO, LUIS MERINO and MARGARITO FUENTES REYES, Defendants-Appellants. Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:12-CR-067 JD Jon E. DeGuilio, Judge. Order The judgments of conviction on Count I (violation of 8 U.S.C §1324(a)(1), 18 U.S.C. §2) are reversed, and the cases are remanded with instructions to enter judgments of acquittal on this count. The judgments of conviction on Count II (violation of 18 U.S.C. §§ 2, 1349) are reversed, and the cases are remanded with instructions to hold a new trial if the United States so elects. Nos. 13-3430, 13-3468, 13-3516, 13-3517 and 13-3559 The court will issue in due course an opinion explaining these decisions. The time to file a petition for rehearing or rehearing en banc, see Fed. R. App. P. 40, will not begin to run until the court issues its opinion. In the meantime, the defendants are entitled to release on bail. The case is immediately remanded to the district court so that it may fix the conditions of release. Except with respect to that subject, the mandate will not issue until the opinion has been released and the time for seeking rehearing has expired (or the court has acted on any petition for rehearing that any party files). Page 2

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