USA v. PERDOMO-ESPANA
The Ninth Circuit Court of Appeals today released an opinion in USA v. PERDOMO-ESPANA, No. 07-50232, a criminal appeal. The panel consisted of Kim McLane Wardlaw, Ronald M. Gould, and Sandra S. Ikuta, Circuit Judges.
GOULD, Circuit Judge:
Juan Perdomo-Espana (”Perdomo”) appeals his jury conviction for one count of illegal entry into the United States as a deported alien in violation of 8 U.S.C. § 1326. In this opinion, we consider whether the defense of necessity that Perdomo advanced must be tested under an objective or subjective standard. We have jurisdiction pursuant to 28 U.S.C. § 1291. Determining that the necessity defense requires an objective analysis, we affirm the district court’s denial of Perdomo’s request for a jury instruction on the defense of necessity. I In the early morning hours of March 21, 2006, a United States border patrol officer found Perdomo and four others hiding in brush near the United States-Mexican border. Perdomo was wearing dark clothes. Upon discovery, Perdomo admitted that he is a Mexican citizen with no documents to allow him to enter or to remain in the United States. He was found with $598 (USD) and 155 Mexican pesos on his person. Perdomo was arrested and taken to a nearby border patrol station, where he was questioned and fingerprinted. ImmigraAlthough a foreign substance on his fingers obscured the prints, subsequent fingerprints confirmed Perdomo’s identity, showing a match to fin. . .