U.S. v. ROSALES-AGUILAR

No. 14-50315.

818 F.3d 965 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. David ROSALES-AGUILAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2016.


Attorney(s) appearing for the Case

Kara Hartzler (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , U.S. Attorney, Brandon James Kimura , Special Assistant U.S. Attorney, Peter Ko , Assistant U.S. Attorney Chief, Appellate Section Criminal Division, Colin M. McDonald (argued), Assistant U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and JAY S. BYBEE, Circuit Judges.


OPINION

David Rosales-Aguilar was convicted under 8 U.S.C. § 1326 of two counts of attempted illegal reentry. At trial, Rosales did not testify but he snuck in his recollection of events by using an expert witness as a conduit for his own words. The principal issue...

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