U.S. v. MARIN-CUEVAS

No. 96-50686.

147 F.3d 889 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Adolfo Alberto MARIN-CUEVAS, aka Jesus Marin-Cuevas, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1998.


Attorney(s) appearing for the Case

Linda Casey Mackey, Bonita, CA, for appellant.

David P. Curnow, Assistant United States Attorney, San Diego, CA, for appellee.

Before: BEEZER, THOMPSON, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether the jury properly rejected a claim of United States citizenship by an alleged alien who was charged with illegally re-entering the United States and whether the district court may assign criminal-history points for a prior sentence based solely on the attestation of a probation officer.

I

Adolfo Marin-Cuevas was convicted of violating 8 U.S.C. § 1326, which makes it a crime for an alien, who...

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