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United States v. Murrieta-Polanco

United States District Court, D. New Mexico

March 28, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ISIDRO MURRIETA-POLANCO, Defendant.

          MEMORANDUM OPINION AND ORDER GRANTING UNITED STATES' MOTION IN LIMINE TO EXCLUDE EVIDENCE

         THIS 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, therefore, GRANTED.

         BACKGROUND

         Defendant 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.

         Trial 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; and
. that Defendant returned for any reason, including economic, cultural, or familial motivations.

         Defendant's counsel advised the Court that he does not intend to file a response in opposition.

         Therefore, the Motion is ready for ruling.

         DISCUSSION

         The United States argues that the above evidence about Defendant's intent or state of mind is irrelevant. The Court agrees.

         To prove a violation of 8 US.C. § 1326, the Government must show that:

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 ...

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