Francisco Pena-Cabanillas v. United States

JAMES M. CARTER, Circuit Judge.

This is an appeal from a judgment of conviction by a jury for the offense of illegal entry into the United States by an alien after he had been deported, pursuant to Title 8, U.S.C. Section 1326.

Two questions are presented:

1. Whether or not a judgment in a prior criminal case, in which it was determined that appellant was an alien, precludes appellant from litigating this fact in the case at bar.

2. Whether the trial court committed error in refusing to admit appellant’s purported birth certificate on the issue of his intent.

The indictment charged that appellant…