Castro-Cabrera

ORDER GRANTING THE MOTIONS IN LIMINE

This matter is before the Court on the Government’s motions in limine. After reviewing the papers submitted by the parties and considering the arguments therein, the Court grants both motions and adopt the following order.

I. BACKGROUND

Defendant Castro-Cabrera is charged with illegal reentry to the United States following deportation, in violation of 8 U.S.C. § 1326 . Defendant has two previous illegal reentry convictions, and is currently serving a 14-month sentence for violating his supervised release by illegal reentry to the country. To prove illegal reentry, the Government must show: (1) Defendant was, at the time of the offense, an alien; (2) Defendant had been lawfully deported or removed from the United States; (3) subsequent to this deportation or removal, Defendant was found in the United States after knowingly and voluntarily reentering and thereafter remaining in the United States; and (4) no representative of the Attorney General or the Secretary of the Department of Homeland Security had consented to Defendant’s reentry or presence in the United States. 8 U.S.C. § 1326 .

The Government brings a motion in limine to allow as…