United States v. Hermilo Zamudio

ORDER

The court’s opinion filed January 14, 2015, and appearing at 776 F.3d 672 (9th Cir.2015), is hereby amended. Ah amended opinion is filed herewith.

With this amended opinion, the panel has voted to deny the petition for panel rehearing. That petition is therefore DENIED. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

Zamudio was convicted of violating 8 U.S.C. § 1326 , which prohibits a deported alien from being “found in” the United States after reentering without permission. Zamudio now appeals from his conviction, arguing that the underlying removal proceeding violated his due process rights, that the district court erred in failing 'to instruct the jury on a constructive knowledge theory for Zamudio’s statute of limitations defense, and that the evidence presented to the jury proved his statute of limitations defense as a matter of law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Zamudio was born in Mexico and came to the United States as a teenager. He subsequently became a legal permanent resident by virtue of his marriage to a United States citizen. In 1994 Zamudio pleaded guilty to kidnapping in violation…