United States v. Gutierrez-Gonzalez

HENRY, Circuit Judge.

The Defendant, Mr. Gutierrez-Gonzalez, was convicted of reentry subsequent to deportation following an aggravated felony (second degree murder), in violation of 8 U.S.C. § 1326(a)(1) & (2) and 8 U.S.C. § 1326(b)(2). On appeal, Mr. Gutierrez-Gonzalez alleges that the district court erred in not considering his defense of entrapment by estoppel. We exercise jurisdiction pursuant to 28 U.S.C § 1291 and, for the reasons explained below, affirm Mr. Gutierrez-Gonzalez’s conviction.

I. BACKGROUND

A. Facts

Mr. Gutierrez-Gonzalez, a citizen of the Republic of Mexico, has twice been…