United States v. Gustavo Osuna-Picos

Appellant seeks review of his conviction under 8 U.S.C. § 1326 for illegally re-entering the United States after deportation. Our jurisdiction rests upon 28 U.S.C. § 1291. Both entries into the United States were made upon fraudulent claims of citizenship. Appellant’s defense at trial was based upon the fact that he is the child of an alien lawfully admitted for permanent residence. He now asserts that the deportation order was rendered invalid by 8 U.S.C. § 1251(f), thereby negating an essential element of the crime. The trial court, 319 F.Supp. 558, rejected this contention and upheld the…