U.S. v. MARGUET-PILLADO

No. 10-50041.

648 F.3d 1001 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Jesus MARGUET-PILLADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2011.


Attorney(s) appearing for the Case

Laura Duffy , Bruce R. Castetter , and Steve Miller , Office of the United States Attorney, for the plaintiff-appellee.

Gregory Thomas Murphy , Janet Tung , Vincent James Brunkow , and Devin Burstein , Federal Defenders of San Diego, Inc., for the defendant-appellant.

Opinion by Judge GWIN; Dissent by Judge N.R. SMITH.


OPINION

GWIN, District Judge:

Defendant-Appellant Carlos Marguet-Pillado ("Marguet-Pillado") appeals his conviction for being a previously-removed alien found in the United States, in violation of 8 U.S.C. § 1326. With his appeal, Marguet-Pillado argues that the district court erred in refusing to give a requested jury instruction. The instruction would have permitted Marguet-Pillado to argue that the government had failed to establish that Marguet...

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