U.S. v. SIERRA-LEDESMA

Nos. 10-3066, 10-3067.

645 F.3d 1213 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Eusebio SIERRA-LEDESMA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 2011.


Attorney(s) appearing for the Case

Timothy J. Henry , Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant.

Brent I. Anderson , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.


BALDOCK, Circuit Judge.

A jury convicted Defendant Eusebio Sierra-Ledesma of the crime of having been found in the United States, without the express consent of the Attorney General, after having been deported, in violation of 8 U.S.C. § 1326(a). Defendant appeals, claiming (1) the district court improperly failed to instruct the jury as to the mens rea required for conviction under Section 1326(a); (2) the Government failed to prove beyond a reasonable doubt...

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