United States v. Francisco Romero-Caspeta

OPINION

BELL, District Judge.

Defendant-Appellant Francisco Romero-Caspeta appeals his conviction by a jury of one count of Illegal Reentry of Removed Alien, 8 U.S.C. § 1326(a). Appellant challenges the district court’s denial of his motion for a judgment of acquittal and its inclusion of a jury instruction that, he maintains, undermined his defense. A single issue is before the Court: after the expiration of the five-year period during which a removed alien must obtain express consent of the Attorney General before reentering the United States, may the removed alien reenter the United States…