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UNITED STATES v. MEDINA-SUAREZ

No. 20-50294.

30 F.4th 816 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Lucio MEDINA-SUAREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2022.

Attorney(s) appearing for the Case

Kara Hartzler (argued), Federal Defenders of San Diego, Inc., San Diego, California, for Defendant-Appellant.

Zachary J. Howe (argued), Assistant United States Attorney; Daniel E. Zipp , Chief, Appellate Section; Randy S. Grossman , Acting United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: Marsha S. Berzon and Johnnie B. Rawlinson, Circuit Judges, and John Antoon II, District Judge.

OPINION

A jury found Lucio Medina-Suarez guilty of felony attempted illegal entry into the United States by an alien in violation of 8 U.S.C. § 1325(a). Medina-Suarez contends that the trial court erred in denying his request for a jury instruction on the lesser-included offense of misdemeanor attempted illegal...

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