United States v. Jesus Alvarez-Ulloa

Jesus Alvarez-Ulloa (“Ulloa”) appeals his conviction for illegal reentry under 8 U.S.C. § 1326 (a) and the district court’s order revoking his . supervised release based on the jury’s guilty verdict in the illegal reentry case. During jury selection, Ulloa unsuccessfully challenged three of the government’s peremptory strikes under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). At trial, Ulloa asserted the insanity defense, arguing that as a former boxer he suffered from brain damage that prevented him from understanding the nature of his presence in the United States. After the jury deadlocked, the district court clarified that the insanity defense would not apply if while Ulloa was illegally present in the United States he was sane for a long enough period to have left the country. The jury subsequently returned a guilty verdict.

On appeal, Ulloa contends, first, that the district court erred in rejecting his Batson challenges, and, second, that the supplemental instruction impermissibly coerced the jury and constructively expanded the indictment. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I.

Over a period of about twelve…