Santana-Reyes

MEMORANDUM *

Ubaldo Santana-Reyes (“Santana”) appeals the judgment and sentence imposed by the district court after a jury convicted him of attempted entry into the United States after deportation, in violation of 8 U.S.C. § 1326 , and making a false claim of United States citizenship, in violation of 18 U.S.C. § 911 .

Santana’s sole defense at trial was that he did not intend to enter the United States. To that end, Santana argued that the driver of the car in which he was traveling took a wrong turn toward the U.S./Mexican border, into heavy Memorial Day traffic funneling into the border crossing, and they were unable to tura the car around before reaching the border checkpoint.

In support of his defense, Santana sought to introduce the following evidence: (1) the driver of the car, a Mend visiting from the United States, had brought specific items from family in California requested by Santana’s family in Guadalajara; (2) Santana and the driver had gone *952 shopping in Tijuana and had purchased shoes for Santana’s young son in Guadalajara; (8) Santana purchased a box in Tijuana to ship all of these items back to Guadalajara so that he could return unencumbered by plane, as…