United States Ninth Circuit

Defendant's convictions in two consolidated cases for being an alien in the United States after deportation, as well as misrepresenting his identity citizenship to fraudulently obtain supplemental social security benefits, acquire food stamps, make a claim of citizenship, and apply for a passport, are vacated and remanded, where: 1) the district court erred in excluding a delayed birth certificate issued by the State of Idaho; 2) the exclusion of such significant evidence resulted in a violation of defendant's Fifth Amendment due process right to present a defense; and 3) the error was not harmless.

Appellate Information

• Decided 08/27/2013
• Published 08/27/2013

Judges

Court

• United States Ninth Circuit

Counsel