United States v. Valdiviez-Garza

BARKETT, Circuit Judge:

Emiliano Valdiviez-Garza appeals the denial of his motion to dismiss the indictment charging him with one count of illegal reentry by an alien who had been previously removed or deported, in violation of 8 U.S.C. § 1826(a) and (b)(2). 1 To convict on this charge the Government has to establish beyond a reasonable doubt that Valdiviez-Garza: (1) was an alien at the time of the offense; (2) who had previously been removed or deported; (3) and had reentered the United States after removal; (4) without having received the express consent of the Attorney General. See United…