United States v. Isaac San Juan-Cruz

Isaac San Juan-Cruz appeals his jury conviction for being found in the United States following deportation in violation of 8 U.S.C. § 1326 . San Juan, a Mexican national, was apprehended and questioned by federal officers after being discovered in the United States near the Mexican border. Prior to trial, San Juan moved to suppress the statements he made to the Government because they were obtained in violation of the Fifth Amendment. The district court denied San Juan’s motion and admitted the statements at trial. San Juan appeals on the grounds that the district court erred in admitting the statements he made to the Government after being apprehended; failing to dismiss the indictment when his underlying deportation was invalid; and denying his motion for arrest of judgment because the indictment failed to allege an essential element of the offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

BACKGROUND

San Juan was apprehended in Imperial County, California, by Border Patrol on August 4, 2001, while attempting to reenter the United States illegally after being deported by INS. Border Patrol discovered San Juan in an…