Neri-Trejo

United States v. Neri-Trejo

Good Law
27 F. App'x 829
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-50094; D.C. No. CR-98-00450-JNKCalifornia642 words

Opinion

Lead Opinion

MEMORANDUM **

Esteban Neri-Trejo appeals from the district court’s revocation of his supervised release based upon a guilty plea to one count of illegal re-entry in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Neri-Trejo first contends that the district court abused its discretion by *830 granting a continuance during his eviden-tiary hearing, and allowing the government to reopen its ease and present further evidence of his identity. We review a district court’s decision to allow a party to reopen its case for abuse of discretion. United States v. Tisor, 96 F.3d 370, 380 (9th Cir.1996) (stating that a district court is afforded wide discretion in determining whether to allow the government to reopen and introduce evidence after it has rested its case); see also United States v. Woodr-ing, 444 F.2d 749, 751 (9th Cir.1971).

Because identity is not usually an issue in revocation proceedings, the court here was well within its discretion to allow the government to reopen its case to present evidence that defendant was the same man on supervised release in October 1998, and who pleaded guilty to a § 1326 violation in New Mexico…

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