U.S. v. SMITH-BALTIHER

No. 03-50375.

424 F.3d 913 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Genaro SMITH-BALTIHER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2005.


Attorney(s) appearing for the Case

Matthew C. Winter, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney; Roger W. Haines, Jr., Christopher M. Alexander, Assistant U.S. Attorneys, San Diego, CA, for the plaintiff-appellee.

Before REINHARDT, BEEZER, and WARDLAW, Circuit Judges.


REINHARDT, Circuit Judge.

The issues presented include how courts should determine in a criminal proceeding whether a defendant is a citizen or an alien and whether a good faith belief that one is a citizen is enough to defeat a charge of attempted illegal entry. Genaro Smith-Baltiher was convicted of attempted reentry into the United States in violation of 8 U.S.C. § 1326. He appeals the district court's rulings that (1) he is collaterally estopped from challenging...

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