United States v. Pedro Hernandez-Quintania

874 F.3d 1123
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 3, 2017
Docket16-50171
StatusPublished
Cited by3 cases

This text of 874 F.3d 1123 (United States v. Pedro Hernandez-Quintania) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pedro Hernandez-Quintania, 874 F.3d 1123 (9th Cir. 2017).

Opinion

OPINION

FREUDENTHAL, Chief District Judge:

Hernandez-Quintania appeals from a jury conviction under 8 U.S.C. § 1326, which makes it a felony for an alien who has previously been deported to reenter the United States -without the express consent of the Attorney General to reapply for admission. As a result of the conviction, the district court also found Hernandez-Quintánia violated the terms of his supervised release .from a prior 2014 illegal reentry conviction.

We find there was substantial evidence to support Hernandez-Quintania’s conviction and that the district court properly denied He'rnandez-Quintania’s Batson challenge. We therefore affirm Hernandez-Quintania’s conviction and supervised release revocation.

FACTS AND PROCEEDINGS BELOW

Hernandez-Quintania is a Mexican citizen. In 2014, he pleaded guilty to being a removed alien found in the United States in violation of 8 U.S.C. § 1326. For that conviction he received a ten-month prison sentence and three years of supervised release. The conditions of his supervised release required he not “commit another federal, state or local crime.” After Hernandez-Quintania finished serving his prison sentence, he was removed to Mexico in April of 2015.

On January 9, 2016, Border Patrol Agent Amadeo Castillo picked up Hernandez-Quintania in Dulzura, California. Agent Castillo found Hernandez-Quintania lying down on his stomach at the corner of an intersection. Hernandez-Quintania told Agent Castillo he was a Mexican citizen. Hernandez-Quintania did not have any documents allowing him to legally enter or remain in the United States.

The government charged Hernandez-Quintania with illegal reentry of a removed alien in violation of 8 U.S.C. § 1326. Hernandez-Quintania pleaded not guilty and proceeded to a jury trial on April 5, 2016. During trial, the government introduced evidence that Hernandez-Quintania was deported on July 23, 2013 and again on April 15, 2015. The government also introduced evidence that Hernandez-Quintania had not received permission for admission since his last deportation in 2015.- The jury returned a guilty verdict. As a result of his conviction, the district court also revoked Hernandez-Quintania’s supervised release-because he committed another federal crime while on supervision.

Hernandez-Quintania timely appealed, challenging the sufficiency of the evidence that he reentered the United States without permission. Hernandez-Quintania also claims the district court erred in determining he failed to establish a prima facie case of purposeful discrimination in his Batson challenge. The only challenge to the revocation of supervised release is related to the viability of Hernandez-Quintania’s conviction under § 1326.

DISCUSSION

This case consolidates two appeals: Hernandez-Quintania’s appeal of the revocation of his supervised release and his criminal conviction under 8 U.S.C. § 1326. Hernandez-Quintania challenges the sufficiency of the evidence related to his conviction. Specifically, Hernandez-Quintania questions whether the Government proved he did not obtain consent to reapply for admission. Additionally, Hernandez-Quin-tania claims the district court improperly denied his Batson challenge.

I. Sufficiency of the Evidence

Hernandez-Quintania argues the district court erred in finding the government produced sufficient évidence that he was guilty of illegally reentering the country after being deported under 8 U.S.C. § 1326(a). Sufficiency of the evidence is satisfied if “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Tisor, 96 F.3d 370, 379 (9th Cir. 1996) (italics omitted) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). Conflicting evidence is to be resolved in favor of the verdict and “all reasonable inferences are to be drawn in favor of the government [.]” United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1201-02 (9th Cir. 2000).

The relevant portion of 8 U.S.C. § 1326 provides:

Subject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reem-barkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission;,.,, shall be fined under Title 18, or imprisoned or both. 1

Hernandez-Quintania’s only claim of error is that the government failed to prove he did not obtain the Attorney General’s consent to reapply for admission prior to entering the United States.

During the trial, Border Patrol Agent Joel Gonzalez made reference to an application for admission in 2004. However, there was no testimony regarding the resolution of that application. Hernandez-Quintania argues that the Attorney General took some action on the 2004 application and it could have been granted. The crux of Hernandez-Quintania’s argument is that if he received consent to reapply for admission from the Attorney General at any time prior to January 9, 2016, he was immune from § 1326 prosecution, regardless of the number of subsequent deportations after 2004., Therefore, 'Hernandez-Quintania claims the government was required to prove he never received consent to reapply for admission, which the government failed to prove in this case, because there was no evidence regarding the disposition of the 2004 application.

This issue requires statutory construction of § 1326(a). “[Wjhere Congress has made its intent clear, ‘we must give effect to that intent.’” Miller v. French, 530 U.S. 327, 336, 120 S.Ct. 2246, 147 L.Ed.2d 326 (2000) (citing Sinclair Refining Co. v. Atkinson, 370 U.S. 195

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MATADAMAS-SERRANO (RUBEN) v. STATE
142 Nev. Adv. Op. No. 20 (Nevada Supreme Court, 2026)
Giang Nguyen v. Scott Frauenheim
45 F.4th 1094 (Ninth Circuit, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
874 F.3d 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pedro-hernandez-quintania-ca9-2017.