Thursday, August 04, 2011

Ninth Circuit -- USA V. ROGELIO ESPINOZA-BAZA

USA V. ROGELIO ESPINOZA-BAZA

 No error in not allowing testimony as to citizenship of grandfather - deft was mounting a derivative citizenship defense - while relevant, potentially confusing and insufficiently probative.

 A mere scintilla of evidence in the record is insufficient to justify a jury instruction on the theory.

Multiple illegal entries properly grouped and given the multiple offenses sentencing bump.

No substantive/procedural error in sentencing.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.