Torres-Castillo

United States v. Torres-Castillo

Good Law
252 F. App'x 863
United States Court of Appeals for the Ninth CircuitNovember 1, 2007No. 06-50532California660 words

Opinion

Lead Opinion

MEMORANDUM *

Arturo Torres-Castillo (“Torres”) appeals his conviction and sentence for illegal reentry after removal under 8 U.S.C. § 1326 . We affirm.

Torres was not denied a fair trial by the comments of prospective jurors and government witnesses. The district court’s *864 instructions to the jury mitigated any harm arising from the comments of prospective jurors. The references by government witnesses to criminality were reasonable responses to valid questions that would not have unduly biased the jury.

The district court did not abuse its discretion in refusing to order that the government turn over grand jury transcripts to the defense. See United States v. Walczak, 783 F.2d 852, 857 (9th Cir. 1986) (“A trial judge should order disclosure of grand jury transcripts only when the party seeking them has demonstrated that a particularized need exists ... which outweighs the policy of secrecy.”) (internal quotation marks and citation omitted).

Sufficient evidence did exist for a reasonable jury to find that Torres committed the crime of illegal reentry. The jury could have reasonably inferred Torres’s intent to voluntarily enter the country from the fact that he was found in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.