United States v. Jose Reginaldo Velasquez-Vela

Following trial to the court sitting without a jury, a jury having been expressly waived in writing, appellant was convicted of violating 8 U.S.C. § 1326 .

He was sentenced to the custody of the Attorney General for a period of two years, on condition that he be confined in a jail type or treatment institution for a period of six months. The execution of the remainder of the sentence was suspended and appellant was placed on probation for a period of eighteen months.

Prior to trial appellant filed two motions to have his father brought to Seattle, Washington, from Mexico, at Government expense, to testify in his behalf. These motions were denied by the district court.

At the trial the Government offered documentary proof that the defendant had been convicted after a guilty plea on May 23, 1966, in the United States District Court for the District of Oregon, of violating 8 U.S.C. § 1326 ; that following the service of his sentence he had been deported; and appellant’s written admission that he had not been naturalized since the date of his earlier conviction.

Appellant’s defense to the charge set forth in the indictment was that he acquired United States citizenship at birth,…