Rodriguez-Ramirez
United States v. Rodriguez-Ramirez
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.