United States v. Francisco Rebon-Delgado

Appellant was convicted for having been found in the United States after being deported. 8 U.S.C. § 1326 . We affirm.

1. Appellant argues that certain documentary evidence and admissions received against him were tainted by an illegal stop and interrogation that did not meet constitutional standards. Appellant did not object to the evidence on this ground in the trial court. At best, appellant’s point is arguable on the present record, and we cannot assume that the record reflects the circumstances justifying the stop as fully as it would have had the government had notice of the challenge. “The contentions he relies on to support this argument involve issues of fact and law which were neither raised, developed, nor resolved in the trial court. We therefore need not, and do not, reach this question.” United States v. Read, 411 F.2d 582, 584 (9th Cir. 1969); accord: United States v. Marsh, 451 F.2d 219, 220 (9th Cir. 1971); Spahr v. United States, 409 F.2d 1303, 1306 (9th Cir. 1969).

2. Appellant argues that certain documents from the official file of the Immigration and Naturalization Service bearing his name were improperly admitted because the government did not prove that he…