UNITED STATES of America, Plaintiff-Appellee, v. Alberto Jose DEL MURO, AKA Raul Torres-Garcia, Defendant-Appellant

Upon entering the United States, Appellant told immigration inspectors he was a United States citizen and provided identification in the name Alberto Jose Del Muro. 1 A computer check indicated Appellant had used many names in dealing with immigration officials and had been convicted of multiple violations of the immigration laws. Del Muro was arrested and charged for falsely claiming to be a United States citizen. 18 U.S.C. § 911. A jury found Del Muro guilty, and he was sentenced to 30 months imprisonment. We vacate the sentence and remand.

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Del Muro filed a Rule 33 motion for new trial,…