Gomez-Moreno

United States v. Gomez-Moreno

Good Law
221 F. App'x 524
United States Court of Appeals for the Ninth CircuitFebruary 22, 2007No. 06-10166California864 words

Opinion

Lead Opinion

MEMORANDUM **

Javier Gomez-Moreno appeals his conviction for being a deported alien found in the United States without permission in violation of 8 U.S.C. § 1326 (a), arguing that (1) the evidence was insufficient for a rational jury to find beyond a reasonable doubt that he was not a United States citizen, and (2) the prosecutor engaged in misconduct by relying on facts not in evidence and vouching. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Sufficiency Of The Evidence

The government presented evidence that Gomez-Moreno had admitted to being born in Mexico several times during prior immigration proceedings. Government employees testified that Gomez-Moreno had voluntarily made those admissions to them. The government introduced evidence that there was no birth certificate for Gomez-Moreno in New Mexico, the state in which he claimed he was born. “[Vjiewing the evidence in the light most favorable to the prosecution,” a rational jury could disbelieve Gomez-Moreno’s testimony and find that the government’s evidence proved his alienage beyond a reasonable doubt. See United *526 States v. Norris, 428 F.3d 907, 914 (9th Cir.2005) (citation…

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