United States v. Alvarez-Ulloa
United States Court of Appeals for the Ninth Circuit
784 F.3d 558 (2015)
Relevant factsFree
Ulloa, a former boxer suffering brain damage from ring injuries, was deported and later found unlawfully present in the United States roughly ten months afterward, and although he presented evidence of insanity at the time of reentry, the trial judge instructed the jury it must convict if he regained sufficient sanity at any point during his stay to understand the wrongfulness of his continued presence and voluntarily leave.
IssueFree
Whether a defendant who asserts an affirmative defense to a continuing offense must show that the requirements for the defense were satisfied for the entire period in question.