United States Ninth Circuit

Conviction and sentencing of defendant for being an alien who reentered the United States after previously being deported is reversed because jury instruction that there is a presumption of alienage, and the burden of proof was on defendant to establish that he had obtained American citizenship by having been born to a U.S. citizen father was prejudicial error.

Appellate Information

• Decided 04/25/2011
• Published 04/25/2011

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel