United States v. Julio Hernandez-Torres

MEMORANDUM

Julio Cesar Hernandez-Torres appeals his conviction under 8 U.S.C. § 1326 (a) for being a previously deported alien found in the United States without the consent of the Attorney General.

Hernandez first argues that it is unclear whether the jury unanimously agreed as to which of Hernandez’s three deportations provided the basis for the “previously deported” element of the crime. The jury, however, was properly instructed that all jurors had to agree unanimously on that point and “is presumed to follow its instructions.” Weeks v. Angelone, 528 U.S. 225, 234 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000). Furthermore, in its verdict form, the jury stated: “We unanimously find that the government has proved beyond a reasonable doubt that the defendant Julio Cesar-Hernandez Torres was removed from the United States subsequent to December 6, 2010.” Only one of Hernandez’s deportations, the one from July 26, 2011, took place “subsequent to December 6, 2010.” The verdict form thus shows that the jury must have unanimously agreed that Hernandez was deported on July 26, 2011.

Hernandez’s argument that a mens rea of specific intent should have been required in his case is…