United States v. Agustin Rivera-Carrizosa

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Agustin RIVERA-CARRIZOSA, Defendant-Appellant. No. 93-10642. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1994. Decided Sept. 14, 1994. Before: FLETCHER, HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 After a jury trial, Agustin Rivera-Carrizosa was convicted of violating 8 U.S.C. Sec. 1326 , unlawful reentry or presence in the United States after deportation. Rivera contends that his conviction should be reversed because the government produced insufficient evidence of alienage. We reverse. 3 * On August 3, 1984, Rivera was convicted of possession of marijuana for sale, an aggravated felony. On April 22, 1992, Rivera was deported. He subsequently reentered the United States and was taken into state and then into federal custody. On March 24, 1993, Rivera was charged with violating 8 U.S.C. Sec. 1326 , unlawful reentry or presence…