United States Tenth Circuit

A conviction for illegal reentry is affirmed where the district court's decision to exclude from trial evidence of defendant's intoxication and resulting amnesia did not violate his constitutional right to present a defense. Such proof was not relevant as it would not make it any more or less likely that he was (innocently) carried across the border against his will or (culpably) intended the physical actions that transported him to the United States.

Appellate Information

• Decided 03/21/2008
• Published 03/24/2008

Judges

• GORSUCH, Circuit Judge., Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jerry A. Walz (Alfred Dale Creecy with him on the briefs), Walz and Associates, Cedar Crest, NM, for Defendant-Appellant., Roberto D. Ortega, Assistant United States Attorney (Larry Gomez, Acting United States Attorney with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.