Quintana-Torres

Jose Fernando Quintana-Torres appeals his conviction of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (a) and (b)(2). Quintana contends that the government did not produce evidence that he had entered the United States voluntarily. We hold that the evidence of his being in the United States a distance from the border was sufficient in this case to justify any reasonable juror inferring that he had voluntarily entered the United States. We affirm the judgment of the district court.

FACTS

Quintana was born in Tijuana, Baja California, Mexico. On June 24, 1994 he was deported from the United States. On August 28, 1996, he was encountered by an agent of the Immigration and Naturalization Service in San Diego, California.

PROCEEDINGS

On January 27, 1999, Quintana was indicted for violation of 8 U.S.C. § 1326 (a) and (b)(2). On May 4, 1999, he was tried by a jury. He introduced no evidence in his defense. At the conclusion of the government’s case, he moved for acquittal under Fed.R.Crim.P. 29. In explanation of this motion, counsel objected to a date on Quintana’s birth certificate that was different from the date on the government’s certificate…