Mejia-Vasquez

United States v. Mejia-Vasquez

Good Law
267 F. App'x 512
United States Court of Appeals for the Ninth CircuitFebruary 15, 2008Nos. 06-10620, 06-10634California628 words

Opinion

lead Opinion

MEMORANDUM *

Miguel Angel Mejia-Vasquez appeals from his jury conviction and 92-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . He also appeals the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Mejia-Vasquez argues that the district court erroneously denied his motion for judgment of acquittal. He contends that the government’s evidence, not counting his confession, failed to establish all of the elements of the offense. And the confession, he says, was admitted in violation of the corpus delicti rule. We review for plain error because Mejia-Vasquez did not renew his motion for judgment of acquittal after presenting his own evidence. See United States v. Alarcon-Simi, 300 F.3d 1172, 1176 (9th Cir.2002).

“[C]orpus delicti evidence is required only when a confession is the sole basis for a conviction.” United States v. Norris, 428 F.3d 907, 913 (9th Cir.2005). Here, the evidence showed that Mejia-Vasquez was physically found in the United States, a distance from the border. That evidence, coupled with proof from the A-file that the defendant previously had been deported and did not…

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