United States v. Sierra-Ledesma, No. 10-3066 (10th Cir. 2011)

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Justia Opinion Summary

In 2009, when Dodge City police officers pulled Defendant Eusebio Sierra-Ledesma over for speeding, they found that Defendant had been deported in 2008 with no new authority to reenter or remain in the U.S. A jury convicted Defendant of having been found in the U.S. illegally. Defendant appealed to the Tenth Circuit, arguing multiple errors at trial. The sum of Defendant's argument was that the government failed to prove its case against him. Upon review of the trial record and the applicable legal authority, the Tenth Circuit was "satisfied" that any error committed at trial was harmless. The Court found that the trial court instructed the jury multiple times throughout that Defendant was innocent until the government proved he was guilty beyond a reasonable doubt. Furthermore, the record reflected substantial evidence to support the jury's verdict. Accordingly, the Court affirmed the jury's verdict.

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FILED United States Court of Appeals Tenth Circuit PUBLISH June 2, 2011 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Nos. 10-3066 & 10-3067 EUSEBIO SIERRA-LEDESMA, Defendant-Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS (D.C. Nos. 6:97-CR-10124-MLB-1 & 6:09-CR-10104-MLB-1) Timothy J. Henry, Assistant Federal Public Defender, Wichita, Kansas, for Defendant-Appellant. Brent I. Anderson, Assistant United States Attorney (Barry R. Grissom, United States Attorney, with him on the brief), Wichita, Kansas, for Plaintiff-Appellee. Before KELLY, BALDOCK, and HARTZ, Circuit Judges. BALDOCK, Circuit Judge. A jury convicted Defendant Eusebio Sierra-Ledesma of the crime of having been found in the United States, without the express consent of the Attorney General, after having been deported, in violation of 8 U.S.C. ยง 1326(a). Defendant appeals, claiming (1) the district court improperly failed to instruct the jury as to the mens rea