No: 05-3460 UNITED STATES OF AMERICA v. Gary Bowley

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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 05-3460
UNITED STATES OF AMERICA,
Appellant
v.
GARY BOWLEY
Appeal from the United States District Court
of the Virgin Islands
(Crim. No. 04-cr-00169-1)
District Judge: Hon. Raymond L. Finch, Chief Judge
Argued: December 8, 2005
Before: SCIRICA, Chief Judge, McKEE, Circuit Judge,
and NYGAARD, Senior Circuit Judge
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the slip opinion filed in this case on January 26,
2006, be amended as follows:
On pages 5 and 6, delete the following paragraph:
However, since the crime the VIPD officers initially arrested Bowley for
(illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2)) is a
misdemeanor, the district court held that Bowley’s arrest was unlawful.
Virgin Islands police can only arrest for a misdemeanor when the crime is
committed in their presence. See 5 V.I.C. § 3562. The district court ruled
that “[i]llegal reentry is not a continuing violation, but is completed at the
time of entry . . . or when an alien has reached a place of repose within the
country.” App. 7. Accordingly, Bowley had not violated 8 U.S.C. §
1326(a), (b)(2) in the police officers’ presence, and the court therefore
concluded that the police officers lacked statutory authority to arrest him.

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and replace it with
However, since the crime the VIPD officers initially arrested Bowley for
(illegal entry in violation of 8 U.S.C. § 1325) is a misdemeanor, the district
court held that Bowley’s arrest was unlawful. Virgin Islands police can
only arrest for a misdemeanor when the crime is committed in their
presence. See 5 V.I.C. § 3562. The district court ruled that “[i]llegal entry
is not a continuing violation, but is completed at the time of entry . . . or
when an alien has reached a place of repose within the country.” App. 7.
Accordingly, Bowley had not violated 8 U.S.C. § 1325 in the police
officers’ presence, and the court therefore concluded that the police officers
lacked statutory authority to arrest him.
BY THE COURT:
/s/ Theodore A. McKee
Circuit Judge
Dated: February 17, 2006

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