United States v. Hernandez-Hernandez

519 F.3d 1236 (10th Cir, 2008)

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Nature of the Case

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Facts

D consumed more than a fifth of a quart of liquor, as well as some marijuana, at a bar in Palomas, Mexico, and promptly blacked out. D 'woke-up' in the United States. D admitted that he was a Mexican national and acknowledged that he had no documentation allowing him to be legally present in the United States. D 'woke-up' in the United States. D admitted that he was a Mexican national and acknowledged that he had no documentation allowing him to be legally present in the United States. D was detained and a background check revealed a somewhat lengthy criminal history -- including convictions stemming from various fights D engaged in while intoxicated. As a result of these convictions, D had been twice deported from the United States. D was indicted for violation of 8 U.S.C. § 1326(a) and (b), and, more specifically, under the provision making it unlawful to be 'found in' the United States illegally after a prior deportation. In limine, D opposed the government's motion over his using voluntary intoxication, arguing that he should be allowed to show that 'he has absolutely no memory of taking any actions to illegally cross the border' and 'does not know whether his subsequent presence in the United States was voluntary and knowingly made. Dr. Orrin McCleod sought to testify that D's history of alcoholism caused him to suffer 'intoxicant amnesia.' A fellow detainee was prepared to testify that D was highly intoxicated and disoriented the day of his arrest. The district court excluded D's evidence. The court reasoned that Section 1326 creates only a 'general intent' crime, that as a rule voluntary intoxication is not a defense to such crime. D entered a conditional plea of guilty and appealed.