United States v. Sierra-Ledesma

Opinion

FILED United States Court of Appeals Tenth Circuit

PUBLISH June 2, 2011 Elisabeth A. Shumaker UNITED STATES COURT OF APPEALS Clerk of Court

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee, v. Nos. 10-3066 & 10-3067 EUSEBIO SIERRA-LEDESMA,

Defendant-Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS (D.C. Nos. 6:97-CR-10124-MLB-1 & 6:09-CR-10104-MLB-1)

Timothy J. Henry, Assistant Federal Public Defender, Wichita, Kansas, for Defendant-Appellant.

Brent I. Anderson, Assistant United States Attorney (Barry R. Grissom, United States Attorney, with him on the brief), Wichita, Kansas, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.

BALDOCK, Circuit Judge.

A jury convicted Defendant Eusebio Sierra-Ledesma of the crime of having

been found in the United States, without the express consent of the Attorney General,

after having been deported, in violation of 8 U.S.C. § 1326(a). Defendant appeals,

claiming (1) the district court improperly failed to instruct the jury as to the mens rea