U.S. v. SANDOVAL-GONZALEZ

No. 09-50446.

642 F.3d 717 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo SANDOVAL-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2011.


Attorney(s) appearing for the Case

Laura E. Duffy (when opinion was filed), United States Attorney, Karen P. Hewitt , United States Attorney, (when brief was filed), Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, David P. Curnow , (briefed), Kyle W. Hoffman (argued), Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.

Hanni M. Fakhoury , Federal Defenders of San Diego, San Diego, CA, for the defendant-appellant.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and KIM McLANE WARDLAW, Circuit Judges.


OPINION

REINHARDT, Circuit Judge:

Gerardo Sandoval-Gonzalez was convicted under 8 U.S.C. § 1326(a) for being an alien who reentered the United States after previously being deported. The jury at his trial, however, was not required to find beyond a reasonable doubt that Sandoval was an alien. Instead, the jury was told that "there is a presumption" of his alienage, and the burden of proof was shifted to Sandoval to establish that he had obtained American...

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