United States v. Rubio-Guido
Docket: No. 01-10741; D.C. No. CR-00-05363-AWI
Court: Court of Appeals for the Ninth Circuit; October 21, 2002; Federal Appellate Court
Mario Rubio-Guido's appeal regarding his conviction for illegal reentry of a removed alien under 8 U.S.C. § 1326(a) has been affirmed. The court found no error in the district court's decision to issue a general unanimity instruction rather than a specific one relating to the dates of deportation and reentry, as the evidence was straightforward and juror confusion was unlikely. The court cited precedents affirming that jury unanimity can be presumed from a general instruction. Additionally, the district court was correct in not admitting the indictment into evidence, as jurors do not need to see the exact wording of an indictment if the charges have been adequately explained. The repeated explanations given to the jury about the charges against Rubio-Guido were deemed sufficient. The court also upheld the district court's discretion in declining to amend jury instructions to include specific dates from the indictment. The ruling is not suitable for publication and cannot be cited in future cases, except as allowed by Ninth Circuit Rule 36-3.