Rodriguez-Ramirez

United States v. Rodriguez-Ramirez

Good Law
221 F. App'x 533
United States Court of Appeals for the Ninth CircuitFebruary 22, 2007No. 06-10233California888 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Del Refugio Rodriguez-Ramirez (hereinafter “Defendant”) appeals the dis *534 trict court’s denial of her motion for a new trial and her sentence for illegal re-entry into the United States.

There are two issues on appeal: (1) whether the district court properly denied Defendant’s motion for a new trial where the jurors were exposed to sentencing information; and (2) whether the district court properly sentenced Defendant.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Motion For New Trial

Defendant was deported from the United States to Mexico on July 21, 2003, and given a “Warning to Alien” form, which informed Defendant of the procedures for legally re-entering the United States and warned of the penalties for illegally re-entering. The Government introduced this form at trial, and Defendant’s counsel did not object. After Defendant’s conviction, her counsel learned in a post-trial conversation that at least one juror noticed the sentencing information on the ‘Warning to Alien” form, which stated Defendant faced a maximum sentence of twenty years. Defendant moved for a new trial.

Applying the “plain error” standard, the district court…

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