United States Ninth Circuit

Defendant's conviction for being an alien found in the United States after deportation, in violation of 8 U.S.C. section 1326 is affirmed, where: 1) 8 U.S.C. section 1326 does not require the government to prove the existence of an order of deportation as an element of the crime in cases where the defendant has been deported or removed; 2) the district court did err in admitting the lay opinion testimony by a key government witness but defendant fails to show a reasonable probability that the exclusion of that testimony would have affected the outcome of his trial; 3) the remaining evidence of physical removal, including defendant's Verification of Removal is legally sufficient to support the jury's verdict; and 4) the district court did not abuse its discretion in denying defendant's motion for a new trial. (Amended opinion)

Appellate Information

• Decided 08/07/2014
• Published 08/07/2014

Judges

• WARDLAW

Court

• United States Ninth Circuit

Counsel