Question: 1. What must a defendant do to be entitled to a jury instruction on the defense of necessity? 2. What is the difference between an

1. What must a defendant do to be entitled to a jury instruction on the defense of necessity?
2. What is the difference between an objective and a subjective test? Why was that distinction important in this case?

Gould, Circuit Judge
Juan Perdomo-Espana (“Perdomo”) appeals his jury conviction for one count of illegal entry into the United States as a deported alien in violation of 8 U.S.C. § 1326. In this opinion, we consider whether the defense of necessity that Perdomo advanced must be tested under an objective or subjective standard..

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