U.S. v. GALLARDO-MENDEZ

Nos. 97-4062, 97-4072.

150 F.3d 1240 (1998)

UNITED STATES of America, Plaintiff-Appellee and Cross-Appellant, v. Manuel GALLARDO-MENDEZ, a/k/a Luis Lizarraga, a/k/a Oscar Berdeja, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 28, 1998.


Attorney(s) appearing for the Case

Mark K. Vincent (Scott M. Matheson, Jr., United States Attorney, with him on the briefs), Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee and Cross-Appellant.

Robert Breeze, Salt Lake City, UT, for Defendant-Appellant and Cross-Appellee.

Before BRORBY, McKAY and BRISCOE, Circuit Judges.


BRORBY, Circuit Judge.

Manuel Gallardo-Mendez1 appeals his conviction for violating 8 U.S.C. § 1326, reentry into the United States by a deported alien. Mr. Gallardo-Mendez alleges the district court violated his Sixth Amendment rights by invoking the doctrine of collateral estoppel against him on the issue of alienage. He also challenges the sufficiency of the evidence to support a conviction. The government challenges the sentencing...

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