Legal Opinion
United States v. Alfredo Gracidas-Ulibarry
Court of Appeals for the Ninth Circuit
Decided September 27, 1999No. 98-50610PublishedCited by 8 opinions
1Opinion of the Court
Opinion by Judge RYMER; Concurrence by Judge SILVERMAN.
RYMER, Circuit Judge:
Alfredo Gracidas-Ulibarry appeals his jury conviction and sentence for attempted reentry into the United States following deportation in violation of 8 U.S.C. § 1326. We must decide whether, as he contends, the jury should have been instructed that an attempt to reenter without the Attorney General’s consent to the alien’s reapplying for admission is a specific intent crime. The statute does not say so, and we (and all other circuits to consider the question save one) have held that reentry in violation of § 1326,…
2Cases cited24 opinions
- Francisco Pena-Cabanillas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- United States v. SayetsittyCourt of Appeals for the Ninth Circuit · 1997
- UNITED STATES of America, Plaintiff-Appellee, v. Robert Steve TURMAN, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
- United States v. Santos Hernan Rivera-VenturaCourt of Appeals for the Second Circuit · 1995
- United States v. Jose Luis Ayala, AKA Jose Ayala-Giron AKA Jose Luis Ayalay AKA Oscar Jiron AKA Jose Linares AKA Luis EsquivelCourt of Appeals for the Ninth Circuit · 1994
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 2000
- United States v. Placido Cabral, Etc.Court of Appeals for the First Circuit · 2001
- United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 2000
- United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 1999
- Huber v. U.S. Parole CommissionCourt of Appeals for the Ninth Circuit · 2009
3 more not listed; retrieve them via the Exa API.