United States Ninth Circuit

Defendant's conviction for attempted reentry is reversed where the district court erred by allowing the government to use collateral estoppel offensively to prevent defendant from contesting alienage, an element of the crime.

Appellate Information

• Argued 12/08/2004
• Decided 09/09/2005
• Published 09/09/2005

Judges

• REINHARDT, Circuit Judge., Before REINHARDT, BEEZER, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Matthew C. Winter, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Christopher M. Alexander, Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.