United States Ninth Circuit

Defendant's conviction for illegal reentry is vacated and remanded, where: 1) the district court violated the Speedy Trial Act by excluding time after the defendant notified the court that an agreement had been reached, where nothing in the record indicates that the defendant so notified the court; 2) the district court abused its discretion in granting the government’s motion to reopen its case-in-chief to introduce the defendant's mother's naturalization certificate in order to counter the defendant’s proffered derivative-citizenship defense; 3) the certificate should have been disclosed as a document material to preparing the defense; and 4) on remand, the district court should determine whether the failure to disclose the certificate was willful, and if so, sanctions should be imposed.

Appellate Information

• Decided 06/21/2013
• Published 06/21/2013

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel