United States v. Hermilo Zamudio

OPINION

WALLACE, Senior Circuit Judge:

Zamudio was convicted of violating 8 U.S.C. § 1326, which prohibits a deported alien from being “found in” the United States after reentering without permission. Zamudio now appeals from his conviction, arguing that the underlying removal proceeding violated his due process rights, that the district court erred in failing to instruct the jury on a constructive knowledge theory for Zamudio’s statute of limitations defense, and that the evidence presented to the jury proved his statute of limitations defense as a matter of law. We have jurisdiction pursuant…