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United States v. Padilla-Ceballos

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JORGE PADILLA-CEBALLOS AKA JORGE PADILLA-CABALLO AKA JORGE PADILLA-CEBALLO, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER RE: GOVERNMENT MOTIONS IN LIMINE

The Court heard and considered motions in limine in this case on May 17, 2010. After considering the parties' briefs and argument, the Court made the following rulings with respect to the government's motions in limines (numbered 1 through 10), filed on April 12, 2010. See C.R. 27. The Court's rulings are incorporated into the record as follows:

1. Motion to Admit Documents from Defendant's A-file. The parties disagree on how the Court ruled on this motion. The government recalls the Court ruling that the government could admit documents from defendant's A-file, e.g., notices to appear, orders of removal, and warrants of deportation, as certified copies of public records. Defendant recalls the Court ruling that additional foundation would be necessary for admission. As to the records of sworn statements, the government intends to lay additional foundation by the agents who took the statements.

2. Motion to Impeach Defendant with Prior Convictions. GRANTED IN PART. The Court limited the government to using defendant's 2009 felony grand theft conviction for impeachment if defendant testifies.

3. Motion to Exclude Evidence that Defendant Believed He Had Permission to Re-enter the United States. GRANTED.

4. Motion to Exclude References as to Why Defendant Reentered the United States. GRANTED.

5. Motion to Exclude References as to Prior U.S. Residency by Defendant. GRANTED.

6. Motion to Exclude References as to Defendant's Health, Age, Finances, Education, and Potential Punishment. GRANTED.

7. Motion to Exclude Legally Insufficient Evidence of Duress/Necessity. GRANTED.

8. Motion to Exclude Legally Insufficient Evidence of Derivative Citizenship. GRANTED.

9. Motion to Preclude Defendant from Arguing Permission to Re-enter Based Upon the Warning to Alien Deported. GRANTED.

10. Motion to Allow an Immigration Officer, as the A-file Custodian, to Testify to the Contents of the A-file, Record-Keeping Procedures, and Meaning of Certain Documents. GRANTED.

IT IS SO ORDERED.

20100526

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