United States v. Marguet-Pillado, No. 10-50041 (9th Cir. 2011)
Annotate this CaseDefendant appealed his conviction for being a previously-removed alien found in the United States. Defendant argued that the district court erred in refusing to give a requested jury instruction, which would have permitted defendant to argue that the government had failed to establish that defendant was an alien who had not obtained derivative citizenship from his stepfather, a United States citizen listed on defendant's birth certificate as his father. The court held that because it found in a second trial, defendant could require the government to come forward with proof that defendant was an alien and did not have derivative citizenship, the court reversed defendant's conviction and remanded for a new trial.
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