United States v. Miroslaw Laguna
2012 U.S. App. LEXIS 16931
| 7th Cir. | 2012Background
- Laguna, a Polish national, was ordered removed after two 2001 felony convictions that qualified as crimes of moral turpitude, and the removal order required him to obtain a Polish passport.
- ICE continued supervising Laguna for years with in-person or occasional check-ins, but repeatedly pressed him about obtaining a passport with no urgent action taken.
- In early 2010, ICE issued renewed warnings about failing to obtain a passport; Laguna initially applied but then refused to pick it up as instructed.
- Laguna was ultimately detained and indicted on one count of willfully interfering with a final deportation order under 8 U.S.C. § 1253(a)(1)(B) and (C) for the period April 21–29, 2010.
- At trial, the government moved to exclude evidence of Laguna’s good-faith reasons for noncompliance; the district court allowed some intent-related testimony but excluded evidence suggesting a history of cooperative behavior with ICE.
- Laguna was convicted and sentenced to 18 months; on appeal, the district court’s evidentiary ruling and the sufficiency of the evidence were challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exclusion of Laguna's intent evidence violated his defense | Laguna | United States | No reversible error; evidence excluded properly. |
| Whether the excluded evidence negated the mens rea of § 1253(a)(1)(B)/(C) | Laguna | United States | Evidence did not negate willfulness; elements satisfied. |
Key Cases Cited
- Holmes v. South Carolina, 547 U.S. 319 (Supreme Court 2006) (defendant has right to present a complete defense)
- United States v. Carter, 410 F.3d 942 (7th Cir. 2005) (testing evidentiary exclusions in defense analysis)
- United States v. Alayeto, 628 F.3d 917 (7th Cir. 2010) (limits on marginally relevant evidence)
- Perez, 86 F.3d 735 (7th Cir. 1996) (avoidance of jury nullification by excluding unreasonable verdicts)
- Turner v. Rogers, 131 S. Ct. 2507 (Supreme Court 2011) (capable of repetition, evading review)
- Sibron v. New York, 392 U.S. 40 (Supreme Court 1968) (collateral consequences of conviction)
- Spencer v. Kemna, 523 U.S. 1 (Supreme Court 1998) (mootness and collateral consequences doctrine)
- First Nat’l Bank of Boston v. Bellotti, 435 U.S. 765 (Supreme Court 1978) (free speech and political processes context for appeals)