United States v. Lazaro Limon-Juvera

concurring in part, dissenting in part:

I join Part II of the majority disposition, dismissing the sentencing challenges as moot.

In Part I, the majority holds that the district court did not abuse its discretion when it precluded Limon-Juvera from introducing certain evidence. I respectfully dissent from that portion of the Court’s determination.

At trial, the Government’s proof on the element of alienage was limited to Limon-Juvera’s admissions of citizenship to agents and in prior proceedings. Following the Government’s case, Limon-Juvera sought to introduce evidence that in proceedings before an immigration judge in 2011 he had claimed to be a United States citizen. 1 The district court denied Limon-Juvera’s request, holding that the proposed evidence had “the potential for undue consumption of time ... prejudice to the Government’s case ... [and] lack[ed] true relevance to the issue in dispute.”

“The Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense” and “to put before a jury evidence that might influence the determination of guilt.” United States v. Evans, 728 F.3d 953, 959 (9th Cir.2013) (internal quotation marks…

MEMORANDUM **

Lazaro Limon-Juvera appeals his jury conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 .

I

The district court did not abuse its discretion when excluding evidence of Limon-Juvera’s Tohono O’odham membership and in determining that it was “speculative,” . “not reasonable,” and raised “a 403 issue.” See Fed.R.Evid. 403; United States v. Espinoza-Baza, 647 F.3d 1182, 1189-90 (9th Cir.2011).

II

Limon-Juvera had also raised two issues regarding his sentence, but was released from custody on July 25, 2014 and has since affirmatively waived such arguments. Accordingly, we dismiss the sentencing challenges as moot.

*602 III

We remand this case for the district court to correct the judgment to reflect that Limon-Juvera was found guilty following a jury trial rather than pursuant to a guilty plea.

AFFIRMED IN PART, DISMISSED IN PART, AND REMANDED FOR CORRECTION OF JUDGMENT.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT OCT 29 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 13-50505

Plaintiff - Appellee, D.C. No. 3:13-cr-00951-AJB-

v.

MEMORANDUM*

LAZARO LIMON-JUVERA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding

Argued and Submitted August 26, 2014 Pasadena, California

Before: O’SCANNLAIN and RAWLINSON, Circuit Judges, and GLEASON, District Judge.**

Lazaro Limon-Juvera appeals his jury conviction for being a deported alien

found in the United States in violation of 8 U.S.C. § 1326.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Sharon L. Gleason, District Judge for the U.S. District Court for the District of Alaska, sitting by designation. I

The district court did not abuse its discretion when excluding evidence of

Limon-Juvera’s Tohono O’odham membership and in determining that it…