United States Ninth Circuit

In an amended opinion, conviction and sentence for being a deported alien found in the U.S. are affirmed where: 1) the prosecutor's comments on defendant's right to remain silent were harmless error; 2) the prosecutor's questions did not violate due process since the questions were immediately objected to and the district court gave appropriate limiting instructions; 3) it was not reasonably likely that the jury interpreted an instruction as shifting the burden of proof to defendant; and 4) defendant's prior conviction was admitted by him and necessarily found by the jury, thus no Apprendi violation occurred.

Appellate Information

• Argued 03/08/2006
• Decided 07/27/2007
• Published 07/27/2007

Judges

• Before:  SUSAN P. GRABER, KIM McLANE WARDLAW, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Chase Scolnick, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Timothy F. Salel, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.