UNITED STATES of America, Plaintiff-Appellee, v. Adolfo Alberto MARIN-CUEVAS, AKA Jesus Marin-Cuevas, Defendant-Appellant
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether the jury properly rejected a claim of United States citizenship by an alleged alien who was charged with illegally re-entering the United States and whether the district court may assign criminal-history points for a prior sentence based solely on the attestation of a probation officer-
I
Adolfo Marin-Cuevas was convicted of violating 8 U.S.C. § 1326, which makes it a crime for an alien, who had previously been convicted of an aggravated felony and deported, to return to the United States. 1 In August 1989, Marin-Cuevas had been convicted of…
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