United States Ninth Circuit

A conviction and sentence for being a deported alien found in the U.S. is affirmed where: 1) a motion to dismiss the indictment was properly denied as defendant failed to show the requisite due process violation and prejudice to establish that his prior removal was "fundamentally unfair" under 8 U.S.C. section 1326(d)(3); 2) there was no error in the admission of expert testimony on fingerprint identification at trial; 3) there was no jury trial error as to a claim that an enhanced statutory maximum was erroneously applied; and 4) although there was indictment error in that regard, the error was harmless.

Appellate Information

• Argued 12/07/2006
• Decided 01/09/2008
• Published 01/09/2008

Judges

• BRUNETTI, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and MELVIN BRUNETTI, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James Fife and Zaki Zehawi, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant., Hamilton E. Arendsen, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.