Palomares-Munoz

United States v. Palomares-Munoz

Good Law
5 F. App'x 709
United States Court of Appeals for the Ninth CircuitMarch 5, 2001No. 00-50216; D.C. No. CR-99-02301-TJWCalifornia693 words

Opinion

Lead Opinion

MEMORANDUM

Ruben Palomares-Munoz (“Palomares”) appeals his conviction and sentence imposed under 8 U.S.C. § 1326 for being a *711 deported alien found in the United States without the Attorney General’s permission. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

1. The district court did not err in denying Palomares’s motion for acquittal. In reviewing sufficiency of evidence challenges, we may reverse only when, viewing the evidence in the light most favorable to the government, no reasonable jury could have found Palomares guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). The testimony of agents of the Immigration and Naturalization Service (“INS”) at Palomares’s trial and Agent Martin’s testimony that he obtained a copy of the fingerprints taken by the San Diego police upon Palomares’s arrest provide circumstantial evidence from which a jury could infer that the INS found Palomares in the United States.

Because Palomares failed to present his remaining sufficiency argument to the trial court, he has waived it on appeal. See United States v.…

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