United States v. Hernandez-Quintania, No. 16-50171 (9th Cir. 2017)Annotate this Case
The 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.