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U.S. v. ESPARZA-MENDOZA

No. 03-4218.

386 F.3d 953 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge ESPARZA-MENDOZA, also known as Adame Amalia, also known as Jorge Espinoza, Defendant-Appellant, American Civil Liberties Union Immigrants' Rights Project, ACLU of Utah; National Association of Federal Defenders; National Association of Criminal Defense Lawyers, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed October 14, 2004.

Attorney(s) appearing for the Case

Benjamin A. Hamilton, Salt Lake City, UT, for Defendant-Appellant.

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney, District of Utah, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Michael S. Kwun, Keker & Van Nest, LLP, San Francisco, CA, with Lucas Guttentag and Cecillia D. Wang, ACLU Immigrants' Rights Project, Oakland, CA, Counsel for Amici Curiae American Civil Liberties Union Foundation Immigrants' Rights Project, ACLU of Utah, and National Association of Federal Defenders, and David M. Porter, Sacramento, CA, for Amicus Curiae National Association of Criminal Defense Lawyers, on brief for Amici Curiae in support of Defendant-Appellant.

Before SEYMOUR, BRISCOE, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Jorge Esparza-Mendoza appeals his conviction on one count of violating 8 U.S.C. § 1326, which prohibits previously deported aliens from reentering the United States. Esparza-Mendoza has not contested that he had been previously deported following a felony conviction for possession of cocaine in 1999, that he did not have the express consent of the Attorney General to return, and that his presence in this country was thus in violation...

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