United States v. Alvarez-Ulloa, No. 13-10500 (9th Cir. 2015)
Annotate this CaseAfter a jury trial, Defendant was convicted of illegal reentry. The district court entered an order revoking supervised release based on that conviction. Defendant appealed, arguing, among other things, that the district court erred in rejecting his challenges to three of the government’s peremptory strikes under Batson v. Kentucky. A panel of the Ninth Circuit affirmed, holding (1) the district court erred in failing to reach the third step of the Batson framework without evaluating the persuasiveness of the government’s facially neutral reason for its peremptory strikes of three Hispanic individuals in the venire, but Defendant failed to show purposeful discrimination, and the record did not support such a finding on de novo review; and (2) the district court’s supplemental jury instruction, which clarified that the insanity defense would not apply if, while Defendant was illegally present in the United States, Defendant was sane for a long enough period to have left the country, was substantially correct and not coercive.
Court Description: Criminal Law. The panel affirmed a conviction for illegal reentry under 8 U.S.C. § 1326(a), and the district court’s order revoking supervised release based on that conviction, in a case in which the defendant contended that the district court erred in rejecting his Batson challenges and that a supplemental jury instruction impermissibly coerced the jury and constructively expanded the indictment. The panel held that the district court erred in failing to reach the third step of the Batson framework, where it dispensed with each challenge by determining that the government had asserted facially neutral grounds for its peremptory strikes of three Hispanic individuals in the venire, without evaluating the persuasiveness of the government’s facially neutral reason. The panel held, however, that the defendant failed to show purposeful discrimination and that the record does not support such a finding on de novo review. UNITED STATES V. ALVAREZ-ULLOA 3 The panel held that the district court’s supplemental instruction – which clarified that the insanity defense would not apply if, while the defendant was illegally present in the United States, he was sane for a long enough period to have left the country – was substantively correct and not coercive. The panel rejected the defendant’s contention that the supplemental jury instruction constituted a constructive amendment of the indictment. The panel wrote that because it is well-established in this circuit that an indictment under § 1326(a) need not specifically denote the duration of a defendant’s illegal presence, the indictment provided the defendant with adequate notice that he was being charged with a course of criminal conduct that began when he reentered the United States; and that the supplemental jury instruction was not “distinctly different” from the indictment.
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