United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER GRANTING UNITED
STATES' MOTION IN LIMINE TO EXCLUDE EVIDENCE
MATTER is before the Court on the United States' Motion
in Limine to Exclude Evidence of Defendant's State of
Mind, filed on March 16, 2018 (Doc. 51).
Having reviewed the United States' brief and applicable
law, the Court finds that the Motion is well-taken and is,
is charged with Illegal Reentry after Deportation, in
violation of 8 U.S.C. § 1326. The United States alleges
as follows: Defendant was previously deported on February 8,
2007. While his deportation order was outstanding, Defendant
was found again in the United States (in Hidalgo County, New
Mexico) on December 4, 2016. Defendant admitted he was a
citizen of Mexico, had been previously deported, and crossed
the border on November 28, 2016. Defendant did not have
express permission from the Department of Homeland Security
to enter the country.
is set for April 2, 2018. The United States seeks to exclude
the following evidence at trial:
. that Defendant was not aware that it is a
crime for an alien to reenter the United States after having
been removed from the United States without obtaining
authorization from the proper authority;
. that Defendant was under the mistaken
belief that he was authorized to enter the United States,
that he had not been removed from the United States prior to
reentering, or that he was a citizen of the United States;
. that Defendant returned for any reason,
including economic, cultural, or familial motivations.
counsel advised the Court that he does not intend to file a
response in opposition.
the Motion is ready for ruling.
United States argues that the above evidence about
Defendant's intent or state of mind is irrelevant. The
prove a violation of 8 US.C. § 1326, the Government must
First: the defendant was an alien at the
time alleged in the indictment;
Second: the defendant had previously been
[denied admission] [excluded] [deported] [removed] from the