United States v. Perdomo-Espana

GOULD, Circuit Judge:

Juan Perdomo-Espana (“Perdomo”) appeals his jury conviction for one count of illegal entry into the United States as a deported alien in violation of 8 U.S.C. § 1326. In this opinion, we consider whether the defense of necessity that Per-domo advanced must be tested under an objective or subjective standard. We have jurisdiction pursuant to 28 U.S.C. § 1291. Determining that the necessity defense requires an objective analysis, we affirm the district court’s denial of Perdomo’s request for a jury instruction on the defense of necessity.

I

In the early morning hours of March…