Silva-Gonzalez

United States v. Silva-Gonzalez

Good Law
171 F. App'x 702
United States Court of Appeals for the Ninth CircuitMarch 20, 2006No. 05-50545; D.C. No. CR-04-02018-TJWCalifornia418 words

Opinion

Lead Opinion

MEMORANDUM ***

Ruben Silva-Gonzalez appeals his conviction for illegally entering the United States after having been deported in violation of 8 U.S.C. § 1326 . We affirm. Because the parties are familiar with the factual history of this case, we do not recount it here.

I

Derivative citizenship is a defense to a charge of illegally entering the United States after having been deported. United States v. Smith-Baltiher, 424 F.3d 913, 922 (9th Cir.2005). A defendant is entitled to present evidence in his defense. Greene v. Lambert, 288 F.3d 1081, 1090 (9th Cir. 2002). However, this right is not unlimited. Id. It is subject to reasonable restrictions “to accommodate other legitimate interests in the criminal trial process.” United States v. Scheffer, 523 U.S. 303, 308 , 118 S.Ct. 1261 , 140 L.Ed.2d 413 (1998) (quoting Rock v. Arkansas, 483 U.S. 44, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (quoting Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973))). Thus, a trial judge may exclude or limit evidence to prevent excessive consumption of time, undue prejudice, confusion of the issues, or misleading the jury. Menendez v. Terhune, 422 F.3d 1012, 1033…

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