United States Eighth Circuit

Defendant's conviction for re-entry by a deported alien following an aggravated felony conviction is affirmed where: 1) the district court did not abuse its discretion, much less commit plain error, in relying on an officer's affidavit without a hearing; 2) the Border Patrol made a sufficient showing of probable cause to believe that defendant was a deportable alien; and 3) the government did not need to prove that use of the IAFIS/IDENT system was the quickest means of investigation reasonably available to determine whether defendant was in the country illegally.

Appellate Information

• Decided 10/28/2010
• Published 10/28/2010

Judges

• James B. Loken

Court

• United States Eighth Circuit

Counsel