UNITED STATES of America, Plaintiff-Appellee, v. Lung Van NGUYEN, Defendant-Appellant

FLETCHER, Circuit Judge:

Lung Van Nguyen appeals his conviction for bringing aliens into the United States at a location other than a designated port of entry, in violation of 8 U.S.C. § 1324(a)(1)(A). We have jurisdiction, and we reverse because the district court failed to instruct the jury regarding an essential element of the offense.

I

Nguyen’s arrest resulted from a federal investigation of a suspected large-scale alien smuggling scheme. Based on their surveillance of the harbor at Moss Landing, California, law enforcement agents suspected that two fishing vessels, the “Angel” and the…