United States v. Jara-Favela, No. 11-40142 (5th Cir. 2012)
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This appeal arose out of Defendant's attempt to illegally reenter the United States at the United States-Mexico border. A jury convicted Defendant of attempted illegal reentry and for making a false statement to Customs and Border Patrol (CBP) agents. The Fifth Circuit Court of Appeals affirmed, holding (1) the district court did not unconstitutionally direct a verdict by commenting on the evidence while delivering the jury instructions and by its response to the jury's note; (2) the district court did not constructively amend the indictment by commenting on the evidence while delivering the jury instructions and responding to the jury's note; and (3) the evidence presented at trial was sufficient to support Defendant's convictions.
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