United States v. Juan Cardenas-Baca

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan CARDENAS-BACA, Defendant-Appellant. No. 95-50398. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1996. * Submission Deferred Aug. 8, 1996. Resubmitted Nov. 18, 1996. Decided Nov. 20, 1996. 1 Before: FLETCHER and TASHIMA, Circuit Judges, and RESTANI, ** United States Court of International Trade Judge. 2 MEMORANDUM *** 3 Petitioner Cardenas-Baca appeals from his jury conviction for unlawful reentry of an alien deported subsequent to his conviction of an aggravated felony, 8 U.S.C. §§ 1326 (a) and (b)(2). We affirm. 4 Ruling on a Government motion in limine brought before trial, the district court held that Cardenas-Baca's prior deportation was lawful. Cardenas-Baca argues that because lawfulness of the prior deportation is an element of the offense it should have been decided by the jury, not the judge. 1 He relies on United States…