United States v. Jose Barragan-Cepeda

Jose Barragan-Cepeda was charged as a deported alien who reentered the United States in violation of 8 U.S.C. § 1326 . Following the district court’s denial of his motion to dismiss on the ground of double jeopardy, Barragan brings an interlocutory appeal. We reverse.

I. BACKGROUND

In April of 1993, the government indicted Barragan alleging that he was an alien who reentered the United States after deportation in violation of 8 U.S.C. § 1326 . Barra-gan moved to dismiss the indictment because it subjected him to double jeopardy. The basis of his motion was as follows: In 1980, Barragan was indicted, tried and acquitted of a violation of § 1326 and two other offenses. Each of the 1980 offenses required the government to establish that Barragan was an alien. The 1980 acquittals, he alleges, were based on the fact that the jury found him to be an American citizen. .Although the present charge is based on his April 9, 1993 reentry into the United States, Barragan argues that the government is barred from relitigating a key element, i.e., his alienage.

As proof that his alienage was litigated and decided in the 1980 proceeding, Barragan introduced affidavits from two people who…