United States v. Bonilla-Siciliano, No. 10-2169 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of illegal reentry by an alien who was previously deported and sentenced to 70 months imprisonment. Defendant appealed the district court's refusal to allow him to present a defense of necessity and the district court's denial of his purported request for a continuance. The court held that the district court was correct to rule as a matter of law that defendant was not entitled to present a necessity defense where defendant failed to make a prima facie showing of an imminent threat of harm and that he lacked a reasonable, legal alternative to illegally reentering the United States. The court also held that the district court's conduct was not egregious or fundamentally unfair where defendant did not expressly request a continuance and relied on his comment on the morning of trial to suggest that the district court was negligent in not allowing him time to prepare the witnesses. Accordingly, the judgment of the district court was affirmed.
Court Description: Criminal case - Criminal law. District court did not err in denying defendant's request to submit a defense of necessity as he failed to show that a real and specific threat to his safety existed; district court did not abuse its discretion in denying defendant's morning-of-trial motion for a continuance.
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