Legal Opinion

United States v. David Rosales-Aguilar

Court of Appeals for the Ninth Circuit

Decided April 12, 2016No. 14-50315PublishedCited by 11 opinions

1Opinion of the Court

OPINION

KOZINSKI, Circuit Judge:

David Rosales-Aguilar was convicted under 8 U.S.C. § j.326 of two counts of attempted illegal rpentry. • At trial, Rosales did not testify but he snuck in his recollection of events by using an expert witness as a conduit for his own words. The principal issue in this appeal is whether it was proper.to allow the government to impeach the expert with statements that Rosales made voluntarily but that weren’t Miranda compliant.

FACTS

On June 21, 2013, Border Patrol Officer Moreno spotted Rosales in the.pedestrian entry line at San Ysidro, “Disheveled” and “grungy,”…

2Cases cited25 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Harris v. New YorkSupreme Court of the United States · 1971
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Oregon v. HassSupreme Court of the United States · 1975

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3Cited by11 opinions

  1. United States v. Melvin Martinez-LopezCourt of Appeals for the Ninth Circuit · 2017
  2. United States v. Vicente Cuevas-LopezCourt of Appeals for the Ninth Circuit · 2019
  3. United States v. Melvin Martinez-LopezCourt of Appeals for the Ninth Circuit · 2017
  4. United States v. Rosales-AguilarCourt of Appeals for the Ninth Circuit · 2017
  5. Francisco Davila Contreras v. Jefferson Sessions, IIICourt of Appeals for the Ninth Circuit · 2018

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