United States Ninth Circuit

Defendant's conviction and sentence for illegal reentry following deportation are affirmed, where: 1) the district court properly admitted a prior judgment against defendant to prove alienage because it instructed the jury to consider it only for that purpose; and 2) the district court properly considered unconvicted criminal conduct in enhancing defendant's sentence.

Appellate Information

• Argued 01/15/2009
• Decided 07/31/2009
• Published 07/31/2009

Judges

• WALLACE, Senior Circuit Judge:, Before:  J. CLIFFORD WALLACE, JEROME FARRIS and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Lynn T. Hamilton, Hamilton Law Office, Mesa, AZ, for the defendant-appellant., Diane J. Humetewa, United States Attorney, District of AZ, John R. Lopez IV, Deputy Appellate Chief and Karen S. McDonald, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.