United States v. Reyes Medina, 1st Cir. (1995)
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Scribd Government DocsUnited States v. Reyes Medina, 1st Cir. (1995)
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Scribd Government DocsUSCA1 Opinion
April 25, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 94-1923
UNITED STATES,
Appellee,
v.
MOISES REYES-MEDINA,
Defendant - Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Raymond L. Acosta, Senior U.S. District Judge]
__________________________
____________________
Before
Torruella, Chief Judge,
___________
Aldrich, Senior Circuit Judge,
____________________
and Stahl, Circuit Judge.
_____________
_____________________
Carlos
A.
V zquez-Alvarez,
Assistant Federal
Public
_____________________________
Defender, with whom Benicio S nchez-Rivera,
Federal Public
_______________________
Defender, was on brief for appellant.
Juan A.
Pedrosa, Assistant U.S.
Attorney, with whom
__________________
Guillermo Gil, United States Attorney, was on brief for appellee.
_____________
____________________
____________________
Per Curiam.
Per Curiam.
___________
challenges
the
conviction
of attempted
Appellant Mois s
sufficiency
of
reentry
the
Reyes-Medina ("Reyes")
evidence
into the
supporting
United States
his
after
deportation subsequent to conviction for an aggravated felony, in
violation
of 8 U.S.C.
1326.
For the
following reasons, we
affirm.
BACKGROUND
BACKGROUND
We
view and
present the
evidence
in the
light most
favorable
to the government.
United States v.
_____________
Abreu, 952 F.2d
_____
1458, 1460 (1st Cir.), cert. denied, 112 S. Ct. 1695
____ ______
February
15, 1994,
Republic,
Reyes,
a native
citizen
arrived from the Dominican Republic
Mar n
International Airport in Puerto
entry
at the
United States
presented his
Card,
his
Rico.
declaration
form.
Security
of the
card,
and
Immigration
On
Dominican
at the Luis Mu oz
While applying for
immigration inspection
Dominican passport, an alien
Social
(1992).
area, Reyes
Registration Receipt
his
completed
officials
customs
inspecting
these
documents discovered that Reyes had been previously deported from
the United States on August 18, 1993, after having been convicted
of
an
United
aggravated felony.
States
ascertained
permission
for
that he
of
the
reenter the country.
Reyes
approximately
had not
Attorney
had
previously lived
ten years.
obtained the
General of
Officials
express
the
with violation of 8 U.S.C.
1326.
ANALYSIS
ANALYSIS
-2-
also
consent and
United
Reyes was then arrested and
in the
States to
later charged
Reyes argues
insufficient to
that the
sustain his
evidence presented at
conviction, because
failed to prove beyond a reasonable doubt two
the
crime charged.
affirmatively
prove the
reasonable doubt that
he
did
the government
of the elements of
First, he contends, the government failed to
legality
Second, Reyes claims that
Because
trial is
prior deportation.
the government did not prove
he intended
not
of Reyes'
realize
to enter
that
beyond a
the United
entering
Puerto
States.
Rico
is
tantamount to entering the United States, Reyes argues, he lacked
the necessary criminal intent,
and his conviction must therefore
be reversed.
When reviewing sufficiency
of the evidence challenges,
we assess the sufficiency of the evidence as a whole in the light
most favorable to the verdict, with a view
trier
of fact
reasonable
could have
doubt.
We
found the
do
States v. Hahn,
______
____
may
be
defendant guilty
not weigh
resolve all credibility issues
beyond a
credibility, but
in favor of the verdict.
circumstantial,
1994).
and need
reasonable
hypothesis
of
factfinder
may decide
among reasonable
innocence.
In
not
United
______
The evidence
exclude
other
every
words,
interpretations
the
of the
Id.
__
Sections 1326(a)
that:
witness
17 F.3d 502, 506 (1st Cir.
entirely
evidence.
to whether a rational
1) any
alien; 2)
and (b)(2)
provide in
whose deportation
relevant part
was subsequent
to a
conviction for commission of an aggravated
or attempts
to enter, or
is at
felony; 3) who enters
any time found
in, the
United
-3-
States; 4) without the express consent from the Attorney
for such reentry; 5)
1326.
Proving a
government's
States
______
shall be fined and/or imprisoned.
lawful
prior deportation
burden in establishing a
v. Galicia-Gonz lez, 997
________________
An overwhelming majority of
General
8 U.S.C.
is part
of
1326 violation.
F.2d 602, 603
the
United
______
(9th Cir. 1993).
other circuits to decide this
issue
have held that the government need not prove that a defendant had
specific intent to violate
that
a defendant
voluntarily.
enter or
the statute; all that is
attempt to
United States
United States v. Ayala, 35 F.3d 423, 426 (9th Cir.
______________
_____
1994) (citing United States v.
_____________
(9th Cir. 1991)).
F.2d 743, 746
enter the
required is
Ramos-Quirarte, 935 F.2d 162, 163
______________
See also United States v.
________ _____________
(4th Cir.)(citing cases),
Espinoza-Le n, 873
_____________
cert. denied, 492
____ ______
U.S.
924
(1989); United States
______________
Cir.)(per
curiam), cert.
____
v.
Newton,
______
denied,
______
677
459 U.S.
F.2d
16,
850 (1982);
17
(2d
United
______
States v. Hussein, 675 F.2d 114, 115-116 (6th Cir.) (per curiam),
______
_______
cert.
____
denied,
______
459 U.S.
869 (1982);
but
___
see United States v.
___ ______________
Anton, 683 F.2d 1011 (7th Cir. 1982)(requiring specific intent).
_____
Applying
regarding
these principles
the government's
deportation was lawful,
appears from the
the
alleged
validity of his deportation
not
adduce
deportation.
sufficient
Reyes'
first
failure to
we find his claim
record that Reyes
simply comes before us
to
prove that
his
to be meritless.
It
did not collaterally
either before or
now and contends that the
evidence
The government,
of
argument
the
attack
at trial, but
government did
legality
of
his
however, submitted at trial Reyes'
-4-
warrant
orders
of deportation,
which
were issued and carried
authorized officer.
certified
that his
out after due
deportation
hearing before an
We think that this evidence suffices to make
out a prima facie
case that Reyes was legally
jury was entitled to find, in
deported, and the
light of this evidence and nothing
on record to contradict it, that the government met its burden of
proof as to this element.
Reyes' second argument, that he did not intend to enter
the
United States because he
believed that Puerto
part
of the United States, must also
that
many
people do
not
fail.
realize that
Rico was not
Although it is true
Puerto Rico
is
a U.S.
possession, the sincerity or reasonableness of Reyes' beliefs are
irrelevant.
Even
assuming that such
there was sufficient
knew
that
he was
examination, the
he had
evidence for
entering the
the jury to
United
States.
before, at some
the United States.
On that
available,
find that
government coaxed an admission
visited Puerto Rico
residing in
a defense were
Reyes
During cross-
from Reyes that
point while
he was
visit, he had had to go
through the United States immigration and customs point in
to enter Puerto Rico.
The jury was entitled to infer,
order
based on
this admission, that Reyes must have known that he would face the
same United
States immigration
therefore must
tantamount
entitled
have
also known
to entering
to
and customs
disbelieve
circumstantial evidence
that entering
the United
Reyes.
of his
point, and that
States.
We
Puerto Rico
The jury
therefore
-5-
was
was also
find that
intent is sufficient
he
this
to support
the jury's guilty verdict.
For the foregoing reasons, we affirm Reyes' conviction.
______
-6-
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