United States v. Hernandez-Quintania, No. 16-50171 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed defendant's conviction for reentry by a previously-deported alien without the express consent of the Attorney General to reapply for admission and a revocation of supervised release from a prior illegal reentry conviction. The panel held that there was substantial evidence to support defendant's conviction where the evidence was sufficient for the jury to find that defendant was in the United States without the consent of the Attorney General or the Secretary of the Department of Homeland Security. The panel also held that the district court properly denied defendant's Batson challenge where the totality of the circumstances did not raise an inference that the government's challenges were racially motivated, defendant failed to make a prima facie case of discrimination, and the district court did not commit structural error.
Court Description: Criminal Law. The panel affirmed (1) a conviction under 18 U.S.C. § 1326 for reentry by a previously-deported alien without the express consent of the Attorney General to reapply for admission, and (2) the resulting revocation of the defendant’s supervised release from a prior illegal reentry conviction. The panel rejected the defendant’s contention that the government failed to prove he did not obtain the Attorney General’s consent to reapply for admission to entering the United States. The panel held that § 1326 requires a deported alien to receive the Attorney General’s consent to reapply for admission after his or her most recent deportation, regardless of whether he or she had prior permission to reapply, and that the evidence was sufficient for the jury to find that the defendant was in the United States without such consent. The panel held that the district court properly denied the defendant’s Batson challenge asserting that the government struck two jurors based on their ethnicity. The panel held that the totality of the circumstances does not raise an inference that the government’s challenges were racially motivated, that the defendant failed to make a prima facie case of discrimination, and that the district court’s comments
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