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By Shari Allison

PublishedUS v. Cruz-Rodriguez, No. 07-4083, 6/24/09 - Defendant charged with illegal reentry waived his claim that the evidence and instruction impermissibly expanded the scope of the indictment, so his conviction was affirmed. The indictment specified the date of his last deportation. Defendant entered into a stipulation read to the jury that he had been deported four separate times, including the one named in the indictment. He also approved of the jury instruction that the government only had to prove that he had been previously deported. His defense was based on some kind of claim to citizenship, but the opinion does not elaborate on the factual basis for this defense. UnpublishedUS v. Swenson, No. 07-8097, 6/25/09 - Convictions for possession and attempted distribution of child pornography affirmed; conviction for receiving a single image reversed in light of agreement by the government that the then-existing version of 18 USC § 2252A required actual proof that the image had traveled in interstate commerce...continue to full post

Full post as published by Tenth Circuit Blog on June 29, 2009 (boomark / email).