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U.S. v. BARAJAS-ALVARADO

No. 10-50134.

655 F.3d 1077 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Mario BARAJAS-ALVARADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2011.

Attorney(s) appearing for the Case

James M. Chavez, Esquire , Federal Defenders of San Diego, San Diego, CA, for defendant-appellant Luis Mario Barajas-Alvarado.

Rees F. Morgan and Randy K. Jones (briefed) and Mark R. Rehe , (argued), Assistant U.S. Attorneys, San Diego, CA, for appellee United States of America.

Before: PAMELA ANN RYMER, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

To convict an alien criminal defendant of illegal reentry under 8 U.S.C. § 1326,1 the government must prove that the alien left the United States under order of exclusion, deportation, or removal, and then illegally reentered. In United States v. Mendoza-Lopez, the Supreme Court held that a criminal defendant has a Fifth Amendment right to "some meaningful review" of a prior administrative...

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