United States v. Antonio Rivera-Relle

Antonio Rivera-Relie, a previously deported alien, appeals his conviction for attempting to enter the United States without the consent of the Attorney General in violation of 8 U.S.C. § 1326 . Rivera assigns two errors to his conviction. First, he contends that to be guilty of the crime of attempting to enter the United States, the government must prove beyond a reasonable doubt that he never, in fact, succeeded in entering the United States. Since the jury was not so instructed, he argues his conviction must be reversed. Second, he argues that the government improperly destroyed evidence and the district court committed reversible error by not sanctioning the government.

We have jurisdiction under 28 U.S.C. § 1291 . The district court had jurisdiction under 18 U.S.C. § 3231 . We find no merit in either assignment of error and AFFIRM Rivera’s conviction.

Facts

On October 7, 2001, Border Patrol Agent Sarah C. Graving was on duty at the Port of Entry in Calexico, California. She was monitoring infrared cameras that are focused on the fence that marks the international border between the United States and Mexico. At approximately 2:00 a.m., Agent Graving observed, through the…